HomeMy WebLinkAboutBy-law No. 2001-085 CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO.2001-85
A BY-LAW TO IMPOSE A SEWER RATE UPON
OWNERS OF LAND WHO DERIVE OR WILL OR
MAY DERIVE A BENEFIT FROM SEWAGE
WORKS SUFFICIENT TO PAY THE MUNICIPAL
PORTION OF THE CAPITAL COST OF THE
WORKS.
WHEREAS THE Council of the Corporation of the Municipality of Bayham is
undertaking an expansion of the Municipality's sewage treatment plant and the
installation of sanitary sewers and forcemains to provide sanitary sewer service to the
urban areas of Vienna, Straffordville and Eden;
AND WHEREAS the Council has determined that it is desirable to finance the
Municipality's portion of the capital cost of the expansion of the sewage treatment plant
and the construction of the sanitary sewers and forcemains by imposing a sewer rate,
pursuant to section 221 of the Municipal Act R.S.O. 1990, c. M.45, 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. Defmitions
In this By-law:
(a) "sewage works" means the expansion of the Municipality's sewage treatment
plant and the construction of forcemains, pumping stations, sanitary sewer
collection systems and all associated installations and equipment, to provide
sanitary sewer service to the hamlet of Eden and the villages of Straffordville
and Vienna.
(b) "sewer rate" means a charge for the capital cost of the sewage works or any
part or parts thereof.
(c) (i) "Eden" means the hamlet of Eden as defined in the Official Plan of the
Municipality of Bayham.
(ii) "Straffordville" means the village of Straffordville as defined in the
Official Plan of the Municipality of Bayham.
(iii) "Vienna" means the village of Vienna as defined in the Official Plan of
the Municipality of Bayham.
(d) (i) "Eden immediate benefit area" means that part of the hamlet of Eden,
as shown on Schedule "A" to this By-law, in which sanitary sewer
connections will be available upon completion of the sewage works.
(ii) "Straffordville immediate benefit area" means that part of the village
of Straffordville, as shown on Schedule "B" to this By-law, in which
sanitary sewer connections will be available upon completion of the
sewage works.
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(iii) "Vienna immediate benefit area" means that part of the village
Vienna, as shown on Schedule "C" to this By-law, in which sanitary
sewer connections will be available upon completion of the sewage
works.
(e) (i) "Eden deferred benefit area" means that part of the hamlet of Eden, as
designated in the Official Plan of the Municipality of Bayham, in which
a property cannot be connected to the sanitary sewer system until such
time as the sanitary sewer system has been extended to such property.
(ii) "Straffordville deferred benefit area" means that part of the village of
Straffordville, as designated in the Official Plan of the Municipality of
Bayham, in which a property cannot be connected to the sanitary sewer
system until such time as the sanitary sewer system has been extended to
such property.
(iii) "Vienna deferred benefit area" means that part of the village of
Vienna, as designated in the Official Plan of the Municipality of
Bayham, in which a property cannot be connected to the sanitary sewer
system until such time as the sanitary sewer system has been extended to
such property.
(f) "capital cost" means the municipal share of the cost of work, inclusive of all
items of cost usually and properly chargeable to capital account, including the
imputed cost on money supplied by the Municipality to finance the said
municipal share of the cost of the sewage works prior to the issuance of
debentures or prior to completion of such other financing arrangement
entered into by the Municipality for purposes of financing the sewage works.
(g) (i) "capital cost of the sewage treatment plant expansion" means that
part of the capital cost of the sewage works attributable to the expansion
of the sewage treatment plant as determined by the Treasurer.
(ii) "capital cost of the forcemains and pumping stations" means that
part of the capital cost of the sewage works attributable to the
construction of the forcemains and pumping stations as determined by
the Treasurer.
(iii) "capital cost of the collection systems" means that part of the capital
cost of the sewage works attributable to the construction of the
collection systems in the Eden, Straffordville, Vienna and south Vienna
immediate benefit areas, as determined by the Treasurer.
(h) "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.
(i) "lot frontage" means the lot line that divides a lot from the street, provided
that in the case of a corner lot, the shorter lot line that abuts a street shall be
deemed to be the front lot line, and the longer lot line that abuts a street shall
be deemed to be a side lot line abutting a street. In the case of a through lot,
only one of the lot lines shall be deemed to be the front lot line. In the case of
an irregular lot, the lot frontage shall be measured perpendicularly to the line
joining the centre of the front and the centre of the rear lot lines at a point six
(6.0) metres back from the front lot line and where such lot lines meet, the lot
frontage shall be measured perpendicularly to the line adjoining the apex of
the triangle formed by the side lot lines and a point six (6.0) metres back from
the front lot line.
By-Law No.2001-85 3
(j) "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.
(k) "Treasurer" means the Treasurer of the Municipality of Bayham.
2. Special Provisions
(a) If a lot contains two separate detached buildings requiring connection to the
sewage works pursuant to Municipality of Bayham By-law No. 99-95, and
any amendments or successors thereto, for the purposes of this By-law such
lot will be deemed to be two lots, and the frontage will be divided equally
between the two deemed lots.
(b) A lot containing multi-residential uses, other than a lot containing separate
detached residential dwellings, will be considered one lot for the purposes of
this By-law.
(c) A lot containing multi-use commercial, industrial or institutional uses will be
considered one lot for the purposes of this By-law.
(d) For the purposes of this By-law a lot, including a deemed lot, having frontage
greater than 150 feet will be deemed to have a frontage of 150 feet and a Iot,
including a deemed lot, having frontage less than 60 feet will be deemed to
have a frontage of 60 feet.
(e) Vacant lots in the Eden and Vienna immediate benefit areas are deemed to be
developed for the purposes of this By-law, and the owner is liable for payment
of sewer rates pursuant to this By-law in the same manner and on the same
basis as the owners of developed lots in an immediate benefit area.
(f) Farm properties within an immediate benefit area or a deferred benefit area
which are being actively farmed but which do not contain a farm dwelling or
other residence, will not be permitted to connect to the sanitary sewer system,
and notwithstanding anything to the contrary in this By-law, the owner will
not be liable for payment of sewer rates pursuant to this By-law.
(g) Farm properties within an immediate benefit area which contain a farm or
other residence, or within a deferred benefit area and to which sanitary sewers
have been extended, and which contain a farm or other residence, will be
permitted one sanitary sewer connection only to such residence.
(h) No lots or properties located outside of the boundaries of the Eden,
Straffordville or Vienna urban areas as designated in the Municipality of
Bayham Official Plan as may be amended, will be permitted to connect to the
collection system, forcemain or pumping station notwithstanding that the lots
or properties may be located adjacent to such collection system, forcemain or
pumping station, and notwithstanding that their owners are willing to
construct such a connection at their expense.
(i) Except as otherwise provided in this By-law, all land uses are to be charged
on the same basis and at the same rates.
(j) Lots created subsequent to the passage of this by-law, by consent or by
registered plan of subdivision, shall be subject to the sewer rates as provided
for deferred areas in Subsection 3(c) herein.
(k) Vacant lots in the Straffordville immediate service area will be liable for
payment of sewer rates pursuant to this By-law only at the time of application
for connection to the sewer works, and the owner will be liable for payment of
sewer rates on the same basis as owners of lots in the Straffordville deferred
benefit area.
By-Law No.2001-85 4
3. Sewer Rates
(a) Calculation of Sewer Rates:
Sewer rates will be calculated as follows:
(i) The capital cost of the collection systems will be divided by the sum of
the frontages of all lots in the Eden, Straffordville, and Vienna
immediate benefit areas as of the date this By-law is passed, to obtain a
cost per front foot of the collection system.
(ii) The sum of the capital cost of the sewage treatment plant expansion and
the capital cost of the forcemains and pumping stations will be divided
by the number of lots liable for sewer rates in the Eden, Straffordville,
and Vienna immediate benefit areas as of the date this By-law is passed,
to obtain a cost per lot of the sewage treatment plant expansion and the
construction of forcemains and pumping stations.
(iii) In the Eden and Straffordville immediate benefit areas, the total charge
for each lot will be the sum of the rate per front foot for the collection
system multiplied by the frontage of such lot and the cost per lot of the
sewage treatment plant expansion, forcemains and pumping stations.
(iv) In the Vienna immediate benefit area, the reserve fund accumulated by
the former Village of Vienna will be divided by the sum of the frontages
of all lots liable for sewer rates in the Vienna immediate benefit area as
of the date this By-law is passed, to obtain a per front foot reserve fund
credit. The total charge of each lot in the Vienna immediate benefit area
will be the sum of the rate per front foot for the collection system
reduced by the per front foot reserve fund credit multiplied by the
frontage of such lot and the cost per lot of the sewage treatment plant
expansion, forcemains an pumping stations.
(b) Payment of Sewer Rates—Immediate Benefit Areas:
(i) Upon enactment of this By-law the Treasurer will estimate the final
costs of the sewage works and will invoice the owners of each lot in the
Eden, Straffordville and Vienna immediate benefit areas for the
estimated amount of the sewer rate payable by the owner of each such
lot.
(iii) Within forty-five (45) days of the date of the invoice, the owner of each
lot in the immediate benefit areas shall pay to the Municipality the
owner's respective sewer rate charges in full, or advise the Treasurer in
writing that the owner wishes to pay their sewer rate charges in either
ten (10) or fifteen(15) annual instalments.
(iv) For each lot for which the owner has advised in writing that the owner
wishes to pay the owner's respective share in either ten (10) or fifteen
(15) annual instalments, or in the case where the owner has neither paid
in full nor advised of the owner's intentions in writing, the Treasurer
shall calculate the estimated amounts of the annual instalments for each
such lot, and notify the owner of each such lot in writing of such
estimated amounts. The said estimated amounts shall include estimated
interest costs payable on debentures to be issued to finance deferred
payments, or on such other financing arrangement entered into by the
Municipality.
(v) The Treasurer's estimate of the final costs of the sewage works shall be
final. In the event that the Treasurer's estimate exceeds the actual final
costs of the sewage works, any resulting surplus shall be retained in a
reserve fund and shall be used only for future capital improvements of
the sewage works.
By-Law No.2001-85 5
(c) Payment of Sewer Rates—Deferred Benefit Areas:
(i) The owners of lots in deferred benefit areas become liable for sewer
rates when sanitary sewer services are extended into their deferred
benefit area and their respective lots are connected to the sanitary sewer
system, provided such extension occurs within twenty (20) years from
the date of passage of this by-law. Extension of sewer works must first
be approved by Council, in its sole discretion, to determine if sufficient
capacity is to be made available. For any such extension, the applicant
shall provide to the Municipality engineered specifications to the
Municipality's satisfaction, and enter into agreement with the
Municipality to pay all capital costs for such extension.
(ii) The sewer rates payable by owners of lots in the Eden and Straffordville
deferred benefit areas, and in the Vienna deferred benefit area where
such area was not within the boundaries of the former Village of Vienna
as where in place immediately prior amalgamation by Ministers Order
made May 15, 1997, shall be the same as those paid by owners in the
Eden and Straffordville immediate benefit areas, but 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.
(iii) The sewer rates payable by owners of lots in the Vienna deferred benefit
area, where such lots are within the boundaries of the former Village of
Vienna as where in place immediately prior amalgamation by Ministers
Order made May 15, 1997, shall be the same as those paid by owners in
the Vienna immediate benefit area, and shall be adjusted in accordance
with the Construction Price Statistics as set out in subsection(ii) above.
(iv) Owners in the deferred benefit areas who become liable for sewer rates
shall, prior to the connection of their lot to the sewer system, either pay
their respective sewer rates in full or elect to pay in either ten (10) or
fifteen(15) annual instalments and pay the first instalment.
(v) The annual instalments of owners who elect to pay in either ten (10) or
fifteen (15) annual instalments will include an interest charge at a rate of
interest determined by the Treasurer to be the rate at which the
Municipality would pay on debentures issued as of the date on which the
owner's lot was connected to the sewer system.
(d) Lien and Charge on Land
The sewer rates shall 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
way as municipal taxes, in accordance with subsection (27) of section 221 of
the Municipal Act.
(e) Overdue Payments
On all overdue payments, the charge for late payment shall be the rate set
from time to time by the Treasurer.
(f) Commutation of Payments
At any time after debentures have been sold or other financing arrangement
has been entered into by the Municipality, any owner who has elected to pay
sewer rates in annual instalments, may commute the balance of the amount
owing by paying to the Municipality an amount which, when invested at the
current interest rate which the Municipality earns on its funds, is determined
by the Treasurer to be sufficient to pay the unmatured interest and principal
charges on that owner's portion of the debt issued or other financing
arrangement entered into by the Municipality to finance the sewage works.
By-Law No.2001-85 6
4. All sewer rates paid by owners of lots in the deferred benefit areas shall be
deposited in a reserve fund and shall be used only for future capital improvements
of the sewage works.
S. The Schedules appended to this By-law are a part of the By-law.
6. 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 4th
DAY OF OCTOBER,2001.
. "1. .......21:40--reFAY
MAYOR C ERK