"organ of state" bears the meaning assigned to it in section 239 of the Constitution.
The purpose of this by-law is to regulate stormwater management and activities that may have an adverse impact on the development, operation and maintenance of the stormwater system.
applies to stormwater systems in built-up areas.
In the application and enforcement of this by-law, the municipality may take into consideration the realities of the Nelson Mandela Bay Metropolitan area, the different customs, cultures, circumstances, geographical areas, kinds of premises, levels of development and conventions, and the municipality may use the devices provided for in this by-law, including the application of different norms, standards and guidelines, and the granting of exemptions.
any activity which alone or in combination with other existing or future activities, may cause an increase in flood levels or create a potential flood risk.
the owner of the property on which the event took place or is taking place, must immediately report the incident to the municipality, and take, at own cost, all reasonable measures to contain and minimise the effects of the incident, which measures include, but are not limited to, the undertaking of cleaning up operations including the rehabilitation of the environment.
A person who contravenes a provision of subsection (1) or (2) commits an offence.
A person who wishes to obtain the consent of the municipality as contemplated in section 4, must submit an application form obtainable from the municipality.
When considering an application the municipality may require the applicant to provide the municipality, at own cost, with impact studies such as, but not limited to, environmental impact studies or environmental impact investigations which are required by environmental legislation.
The municipality may also require the applicant to establish and provide documentation indicating flood lines.
must, at own cost, keep the stormwater system functioning effectively, including undertaking, on written instruction by the municipality, the refurbishment and reconstruction thereof if the municipality has reasonable grounds for issuing such instruction.
Subsection (1)(b) does not apply where the municipality has accepted responsibility for any of the duties contained in a maintenance agreement or in terms of a condition of a servitude.
Should an owner fail or refuse to comply with an instruction by the municipality made in terms of subsection (1)(b), the municipality may undertake measures to refurbish or reconstruct the stormwater system, and the municipality may recover from the owner all reasonable costs incurred as a result of action taken.
An owner who contravenes a provision of subsection (1)(a) or who fails or refuses to comply with an instruction contemplated in subsection (1)(b) commits an offence.
The municipality may at all reasonable times enter upon any premises or any portion thereof with the aim of carrying out any inspection or test to determine the current status of a stormwater system.
discharge stormwater into any watercourse, whether on private land or not.
Should an owner of property fail to comply with an instruction contemplated in subsection (2)(g)(i), the municipality may undertake measures to retain such stormwater or to lay such stormwater drain pipe or gutter.
Where it seems that any action or neglect by a person or owner of property may lead to a contravention of a provision of this by-law, the municipality may notify, in writing, such person or owner to comply with such requirement as may be necessary to prevent the occurrence of such contravention.
in terms of subsection (3), from the owner of the property.
Any drain, pipe or structure provided in terms of subsection (2)(a) vests in the municipality.
impersonates an employee or contractor of the municipality.
If an owner of property or any person on behalf of an owner of property submits an application for the development or rezoning or subdivision of any property or for special consent in relation to the use of any property which necessitates the installation of storm water services infrastructure or which may increase the burden on the existing storm water services infrastructure, the municipality may raise a once off storm water services development levy.
The levy referred to in subsection (1) shall be payable by the owner upon such terms and conditions as may be determined by the municipality when approving the rezoning, subdivision or application for special consent and such levy will be determined in the municipality's annual schedule of tariffs.
The levy referred to in subsection (1) will be payable by the owner to the municipality within the period and on such conditions as may be imposed by the municipality.
No person may discharge or cause the discharge of any water from a swimming pool, fountain or reservoir, either directly or indirectly onto any public street or public place, or to any site other than onto the site upon which such pool, fountain or reservoir is situated without the written permission of the municipality.
Any person who contravenes the provisions of subsection (1) is guilty of an offence.
A notice or other document requiring authentication by the municipality must be signed by the municipal manager and when issued by the municipality in terms of this by-law is deemed to be duly issued if it is signed by the municipal manager.
when it has been delivered, at the request of that person, to his or her e-mail address.
Service of a copy is deemed to be service of the original.
When any notice or other document must be authorised or served on the owner, occupier, or holder of any property, or right in any property, it is sufficient if that person is described in the notice or other document as the owner, occupier, or holder of the property or right in question, and it is not necessary to name that person.
Any legal process is effectively and sufficiently served on the municipality when it is delivered to the municipal manager or a person in attendance at the municipal manager's office.
A person whose rights are affected by a decision of the municipality may appeal against that decision by giving written notice of the appeal and the reasons therefore in terms of section 62 of the Local Government: Municipal Systems Act, Act 32 of 2000 to the municipal manager within 21 days of the date of the notification of the decision.
Any person may by means of a written application, in which the reasons are given in full, apply to the municipality for exemption from any provision of this by-law.
refuse to grant an exemption.
An exemption does not take effect before the applicant has undertaken in writing to comply with all conditions imposed by the municipality under subsection (2), however, if an activity is commenced before such undertaking has been submitted to the municipality, the exemption lapses.
If any condition of an exemption is not complied with, the exemption lapses immediately.
A person who has committed an offence in terms of this by-law is, on conviction, liable to a fine or in default of payment, to imprisonment, or to such imprisonment without the option of a fine, or to both such fine and such imprisonment, and in the case of a successive or continuing offence, to a fine for every day such offence continues, or in default of payment thereof, to imprisonment.
The provisions of any by-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality are hereby repealed as far as they relate to matters provided for in this by-law.
This by-law may be cited as the Nelson Mandela Bay Metropolitan Municipality Stormwater Management By-laws, and commences on the date of publication thereof in the Provincial Gazette.