Loading...
HomeMy WebLinkAboutBy-law No. 2011-046 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NUMBER 2011-046 Being a By-law to designate an area to which the water works shall be provided and to establish fees to recover the cost of said works. The Municipal Council of the Corporation of the Municipality of Bayham enacts as follows: PORT BURWELL AND VIENNA WATER WORKS FEE BY-LAW PART I INTRODUCTORY MATTERS Definitions 1. In this by-law, "Corporation"means The Corporation of the Municipality of Bayham; "fee"means the water fee imposed under Section 6; "immediate benefit"means an immediate benefit that accrues to owners or occupants of land and derived or derivable immediately from upon completion of the construction of the water works; "land"means the land designated in subsection 4(2) and includes lands, tenements and hereditament, and any estate or term therein, and any right or easement affecting them; "lot line"means the boundary line of a lot; "water connections"means a water line which extends from a water main abutting a lot to the lot line and to which a private water pipe is connected or is capable of being connected from a building on the lot; "lot"means a parcel or tract of land, (a) which is the whole of a lot on a registered plan of subdivision so long as such registered plan is not deemed pursuant to subsection 50(4) of the Planning Act not to be a registered plan of subdivision, or (b) which is all of the land held or owned under distinct and separate ownership from the ownership of the fee or equity of redemption in abutting land; "water works"means those works for the improvement of transmission of water referred to as the Water Infrastructure project undertaken in 2009 and 2010, and includes water lines, pumping stations, forcemains, appurtenances, and water connections. Administration of By-law 2. (1) The administration of this by-law, is assigned to the Treasurer. Previous Actions Confirmed 3. The Municipal Council of The Corporation of the Municipality of Bayham hereby confirms the establishment and construction of water works in respect of the land by By- law Number 2011-046. Construction Authorized 4. (1) The construction of the water works is authorized for the benefit of the lands receiving municipal water services in the Municipality of Bayham. (2) The land mentioned in subsection(1) is hereby designated as land to which accrues an immediate benefit from the construction of the water works. Capital Cost 5. (1) In this Section, (a) "water works" includes watermains and water connections to the lot line , all to serve the land referred to in section 4 of this by-law (2) The amount of$2,122,252.00 is hereby approved and adopted for the purposes of this by-law as the capital cost of the water works. (3) The amount of$611,972.78 is the portion of the capital cost of the works that is the share of the owners and occupants of land in the benefitting area mentioned in Section 4. -3- PART II PAYMENT AND COLLECTION OF FEE Imposition of Fee 6. (1) A water works fee is hereby imposed on each lot or block or part thereof referred to in Section 4 and on the owners and occupants from time to time of such lot, block or part thereof in the amount of$ 855.91 for their share of the capital cost of the water works. (2) The fee imposed under subsection(1) shall be due and payable annually,the first payment of which shall be in 2011 and the final payment of which shall be in 2020 as provided in this by-law. Payment of Fee 7. (1) Every occupant of land who is not the owner of the land is liable to pay the fee if, under the terms of occupation between the occupant and the owner, it is the obligation of the occupant to pay the fee that is payable in respect of the land under this by-law. (2) Despite subsection(1), every owner of land, whether or not the owner is the occupant of the land at the time that the fee becomes payable in respect of the land under this by-law, is liable to pay the fee. Exemption from Fee 8. (1) Except as provided in subsection(2), no land is exempt from a fee imposed under this by-law by reason only that it is exempt from taxation under the Assessment Act. 2) Land belonging to the Corporation, whether occupied for the purposes thereof or unoccupied but not when occupied by a tenant or lessee who is liable to taxation, is exempt from a fee under this by-law. 3) Lands currently undeveloped will be exempt from this by-law. 4) Despite subsection (3),where lands exempted as undeveloped are subsequently subject of development application(s),the fees are pursuant to Section 6(1) shall become due and payable at issuance of a building permit, provided such development occurs within ten (10)years from the date of passage of this by-law -4- (a) The calculation of such fees will be the same as those paid by the owners in Port Burwell and Vienna in the immediate benefit area, and shall be adjusted in accordance with the Construction Price Index annually at the first day of January in each year in accordance with the Construction Price Statistics. Collection of Fee 9. (1) The Treasurer is authorized to send a notice or cause it to be sent by ordinary mail on or before June 3/2011 in respect of the fee imposed under Section 6 to the last known address of the residence or place of business of a person mentioned in Section 7. (2) The notice shall specify, (a) the amount of the fee that is due and payable annually; (b) the number of years during which the fee is payable if not commuted by a lump sum payment in cash; (c) the day by which payment of the fee is due; (d) the person from whom the fee is due; (e) the land in respect of which the fee is due and upon which the fee is a lien and charge; (f) the lump sum payment in cash that is required to commute the fee; (g) he day by which payment of the lump sum is due in order to commute the fee; and (h) the place or places where such payments may be made; and shall state that, if the fee or any portion thereof remains unpaid after the due date, the amount unpaid will be entered upon the tax collector's roll and collected in the same way as municipal taxes are collected. (3) The day specified in the notice by which payment of the fee is due and payable shall be no earlier than the 10th day and no later than the 30th day following the day notice is first given in accordance with this by-law. -6- PART III LOT SEVERANCES AND ADDITIONAL WATER MAINS Apportionment 11. (1) Despite any other provision of this by-law, if a new part or parcel of land is created within the whole or existing part of a lot in respect of which a fee has been imposed under this by-law, a) a water works fee shall be imposed on each new part or parcel provided such parcel is created within ten(1 0)years of the passage of this by-law; and b) the revenue from the fee imposed under this section, if not required for payment of any part of the outstanding capital cost of the water works, shall be used for future capital improvements of the water works. (2) The Treasurer shall recommend the fee under subsection (1)to the Council. (3) The Clerk shall give the owners of the parts into which the land is divided at least 14 days notice by mail of the time and place the Council will consider the recommendation regarding the fee under subsection (1). (4) In determining the fee the Council, c) may afford the owners mentioned in subsection(3) an opportunity to be heard before making its recommendations, and (b) shall have regard to the effect of the water works on each part into which the parcel of land is divided and such other matters as the Council considers appropriate. (5) The Council shall consider the recommendation of the Treasurer but the decision of the Council with respect to the imposition of fee under subsection(1) is final. (6) The by-law imposing the fee shall be filed with the Clerk and thereafter the fee shall be imposed and collected in accordance with the by-law. -7- (7) The Treasurer may establish and maintain a reserve fund and pay into it the revenue mentioned in clause (1)(b)that is not required for payment of any part of the outstanding capital cost of the water works. (8) The provisions of Section 417 of the Municipal Act, 2001 apply to a reserve fund mentioned in subsection(7). PART IV MISCELLANEOUS Administrative Acts Authorized 16. The Mayor and the proper officers and employees of the Corporation are hereby authorized and directed to execute under the Corporation's seal and deliver such documents and take such actions as are necessary or advisable to carry out the intent and provisions of this by-law as it exists from time to time and this shall be sufficient authority for so doing. Commencement 17. This by-law comes into force on the day it is passed. PASSED in Open Council on (9u,-4,2 /01/ . ' / ./' Paul s, Mayor Yy-rletzt\r-N AAS Lynda Millard, Clerk First Reading - Second Reading - ( .. ,11 Third Reading- 1J