HomeMy WebLinkAboutBy-law No. 2003-031 CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2003-31
A BY-LAW TO IMPOSE A SEWER RATE UPON
OWNERS OF LAND WHO DERIVE OR WILL OR
MAY DERIVE A BENEFIT FROM SEWAGE
WORKS ARISING FROM NEW DEVELOPMENT.
WHEREAS The Council of the Corporation of the Municipality of Bayham is
accumulating and maintaining a reserve fund for future capital requirements for the
Municipality's sewage treatment plant and the collection system of sanitary sewers to
provide sanitary sewer service to the urban areas of Port Burwell;
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 sewage treatment plant and the collection
system of the sanitary sewers and forcemains by imposing a sewer rate, 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) "sewage works" means the Municipality's sewage treatment plant and the
pumping stations, sanitary sewer collection systems and all associated
installations and equipment, providing sanitary sewer service to the village of
Port Burwell.
(b) "sewer rate" means a charge for the capital cost of the sewage works or any
part or parts thereof.
(c) "Port Burwell" means 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) No lots or properties located outside of the boundaries of the Port Burwell urban
area 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.
By-Law No.2003-031 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 sewer rates as provided in
Subsection 3 herein only at the time of application for connection to the sewer
works, and the owner will be liable for payment of sewer rates.
3. Sewer Rates
(a) Calculation of Sewer Rates:
Sewer rates will be calculated as follows:
(i) The contribution to the reserve for the capital cost of the collection
systems will be a per frontage foot rate of$15.00 per lot created.
(ii) The contribution to the reserve for the capital cost of the sewage
treatment plant and the capital cost of the forcemains and pumping
stations will be a flat rate of$3,400.00 per lot created.
(b) Payment of Sewer Rates:
(i) The sewer rates shall become due and payable in full upon application to
the municipality for connection to said sewer works.
(ii) The sewer 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 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 manner as municipal taxes, in accordance with s.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 sewer works, shall prohibit actual connection to the said
works.
4. All sewer rates paid by owners of new lots in the Port Burwell urban area shall be
deposited in a reserve fund and shall be used only for future capital improvements
of the sewage 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
17TH DAY OF JULY 2003.
MAYOR (. ERK