HomeMy WebLinkAboutBy-law No. 2003-032 CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2003-32
A BY-LAW TO IMPOSE A WATER RATE UPON
OWNERS OF LAND WHO DERIVE OR WILL OR
MAY DERIVE A BENEFIT FROM WATER WORKS
ARISING FROM NEW DEVELOPMENT.
WHEREAS The Council of the Corporation of the Municipality of Bayham is
accumulating and maintaining a reserve for future capital requirements for the
Municipality's water distribution system;
AND WHEREAS the Council has determined that it is desirable to for new development
arising from severances and plans of subdivision to contribute to the reserve for future
capital requirements for the Municipality's water distribution system, pursuant to
subsection 90(3) and paragraph 391(d) of the Municipal Act S.O. 2001, upon the owners
of the lands who derive or will or may derive a benefit therefrom;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. Definitions
In this By-law:
(a) "water works" means the Municipality's water distribution system, including
all pipes, pumps, meters, chambers and all associated installations and
equipment,providing water to the serviced areas.
(b) "water rate" means a charge for the capital cost of the water works or any
part or parts thereof.
(c) "serviced areas" means the Village of Vienna and the Village of Port
Burwell as defined in the Official Plan of the Municipality of Bayham.
(d) "lot" means a parcel of land held or owned under separate ownership from the
ownership of the fee or equity of redemption in abutting land and shall be
described in a registered deed or other document legally capable of conveying
land.
(e) "Official Plan" means the Official Plan of the Municipality of Bayham
adopted by the Council of the Corporation of the Municipality of Bayham by
By-law No. 2001-60 on July 5, 2001, as may be amended.
2. Special Provisions
(a) For the purposes of this By-law a lot having frontage greater than 150 feet will
be deemed to have a frontage of 150 feet and a lot having frontage less than 60
feet will be deemed to have a frontage of 60 feet.
(b) (i) No lots or properties located outside of the boundaries of the serviced areas
will be permitted to connect to the distribution system.
(ii) Notwithstanding paragraph 2(b)(i), Council may, upon written application,
permit lots or properties located outside of the boundaries of the serviced areas
to connect to the distribution system. Subject to Council's approval, all costs
associated with the extension of, installation of and connection to the water
distribution system would be the responsibility of the property owner.
B/L 2003-32 2
(c) Except as otherwise provided in this By-law, all land uses are to be charged on
the same basis and at the same rates.
(d) Lots created subsequent to the passage of this by-law, by consent or by
registered plan of subdivision, shall be subject to the water rates as provided in
Subsection 3 herein only at the time of application for connection to the water
works, and the owner will be liable for payment of water rates.
3. Water Rates
(a) Calculation of Water Rates:
Water rates will be calculated as follows:
(i) A contribution to the reserve for the capital cost of the distribution
system will be a per frontage foot rate of$5.00 per lot created and;
(ii) A contribution to the reserve for the capital cost of the distribution
system will be a flat rate of$750.00 per lot created.
(b) Payment of Water Rates:
(i) The water rates shall become due and payable in full upon application to
the municipality for connection to said water works.
(ii) The water rates payable shall be adjusted annually at the first day of
January in each year in accordance with the Statistics Canada Quarterly,
Construction Price Statistics, catalogue number 62-007 from the date of
enactment of this By-law.
(c) Lien and Charge on Land
The water rates hall be a lien and charge upon the land, and if the rate or any
part thereof remains unpaid after the due date, the amount unpaid may be
collected by distress or entered on the collectors' roll and collected in the
same manner as municipal taxes, in accordance with section 398 of the
Municipal Act, 2001.
(d) Failure to Remit Payment
Failure to remit payment in full upon application to the municipality for
connection to said water works, shall prohibit actual connection to the said
works.
4. All water rates paid by owners of new lots in the service area shall be deposited in a
reserve fund and shall be used only for future capital improvements of the water
works.
5. That this By-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
17m DAY OF JULY 2003.
MAYO
CLERK