2021-46 Sanitary Sewer Connections
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THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD
BY-LAW # 2021-46
BEING A BY-LAW TO IMPOSE CONNECTION REQUIREMENTS
AND CHARGES TO OBTAIN REVENUE TO PAY THE CAPITAL
COSTS OF SANITARY SEWER SYSTEMS
No amendments to date.
This by-law is printed under and by authority of the Council of the Township of Southwold.
Disclaimer: The following by-law is an electronic reproduction made available for information only. It is not an official version of the by-law. The format may be different, and plans, pictures, other graphics, or text may be missing or altered. The Township of Southwold does not warrant the accuracy of this electronic version. This by-law cannot be distributed or used for commercial purposes. It may be used for other purposes only if you repeat this disclaimer and the notice of copyright. Official versions of all by-laws can be obtained from the Clerk’s Department by calling 519-769-2010.
WHEREAS the Township of Southwold has constructed a sanitary sewer collection system and wastewater treatment plant, within the settlement area of Talbotville, hereinafter referred to as the Talbotville Wastewater System;
AND WHEREAS the Township of Southwold is required to collect sanitary sewer connection charges from other development areas;
AND WHEREAS the Township of Southwold owns and operates the Talbotville Wastewater System;
AND WHEREAS by subsection 11(3) Paragraph 4 of the Municipal Act, the Township of Southwold, which is a lower-tier municipality, may pass by-laws within the Public Utilities (which includes collection of sanitary sewage and sewage treatment) sphere of jurisdiction and subsection 8(3) of the Municipal Act provides that a by-law under Section 11 respecting a matter may regulate or prohibit respecting the matter;
AND WHEREAS Section 391 of the Municipal Act provides that a municipality may pass by-laws imposing charges on any class of persons for capital costs payable by it for sewage and other services which will be provided by the municipality after the charges are imposed;
AND WHEREAS the Council has determined that it is desirable for new development arising from severances and plans of subdivision to contribute to the capital costs for the sanitary sewer collection system, pursuant to subsection 90(3) and subsection 391(2) of the Municipal Act, 2001, S.O. 2001, as amended;
Table of Contents
PART 2: SANITARY SEWER CONNECTIONS - GENERAL
PART 3: APPLICATION OF THE SANITARY SEWER CONNECTION CHARGE
PART 4: SANITARY SEWER CONNECTIONS - EXISTING LOTS
PART 5: SANITARY SEWER CONNECTION PAYMENT - NEW DEVELOPMENT
PART 6: ADDITIONAL PRIVATE DRAIN CONNECTIONS
PART 7: LIEN AND CHARGE ON LAND
PART 8: FAILURE TO REMIT PAYMENT
PART 10: SCHEDULES TO THE BY-LAW
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD ENACTS AS FOLLOWS:
Part 1: Definitions
1. In this By-law:
a) “connection charge” means the fee charged by the Township of Southwold to the owner of land requesting a connection to the sanitary sewer collection system;
b) “Chief Building Official” means the Chief Building Official for the Township of Southwold, including any Deputy or authorized alternates.
c) “Council” means the Council of the Township of Southwold;
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) “sanitary sewer charge" means a charge for the capital cost of the sanitary sewer system or any part or parts thereof;
f) "sanitary sewer system" means the Township of Southwold sanitary sewer collection system, including all pipes, pumps, meters, chambers and all associated installations and equipment, providing sanitary sewer collection and treatment to the serviced areas;
g) "serviced area" means a property which abuts an in-service sanitary sewer line;
h) “Treasurer” means the Treasurer for the Township of Southwold, including any Deputy or authorized alternates.
Part 2: Sanitary Sewer Connections - General
2. For Multi-residential and Multi-use properties, connection fees shall be based on the number of connections and/or water service connection size and not based on a per lot or per property basis. Sanitary sewer connection charges and timing of payment will be included in the development agreement.
3. All sanitary sewer connections are subject to review and approval by the Township of Southwold. Connections that cannot be supported by the existing sanitary sewer collection system and wastewater treatment plant infrastructure may be subject to additional charges and/or postponement to make upgrades to the system.
4. All sanitary sewer connection charges shall be applied against the outstanding costs and debt to construct the sanitary sewer system and/or segregated annually in a reserve account and shall be used only for future capital improvements of the sanitary sewer system.
5. Unless otherwise specified, payment of sanitary sewer connection charges must be made upon application for a sanitary sewer connection. In all cases, full payment or a debenture commitment must be made prior to being connected to the sanitary sewer collection system.
6. The Treasurer shall be authorized to implement and carry out all administrative actions required to implement the provisions of this by-law.
Part 3: Application of the Sanitary Sewer Connection Charge
7. A Sanitary Sewer Connection Charge as set out in Schedule “A” shall be charged for Sanitary Sewer Connections in the following geographical areas of the Township of Southwold:
a) All properties within the Talbotville Settlement Area, as defined in the Township Official Plan, including all subsequent lots created within;
b) 4509 Union Road, SOUTHWOLD RANGE 1 AND 2 SUR;PT LOT 16 S UNION RD Roll Number 342400000818400, including all subsequent lots created within.
Part 4: Sanitary Sewer Connections - Existing Lots
8. Payment of the Sanitary Sewer Connection Charge as set out in Schedule “A” must be made within six (6) months of the property becoming a serviced area, as determined by the project engineer.
i) Owners of existing lots may elect to debenture all or a portion of the Sanitary Sewer Connection Charge as set out in Schedule “B”.
ii) That the Treasurer is authorized and directed to add any charge imposed hereunder which are in arrears over 120 days to the tax roll for the applicable property pursuant to and in accordance with the Township of Southwold Tax Billing and Collection Procedures and the provisions of subsection 398(1) of the Municipal Act, and to collect them in the same manner as property taxes collected by the Township.
9. That all developed or built on properties within the Serviced Area that currently have a septic tank or holding tank for sewage purposes shall connect to the municipal sanitary sewer system upon failure of their private sewage/septic disposal system.
a) Failure of the private sewage septic disposal system is defined as those which require significant repairs that would warrant a septic construction permit.
10. Connection to the sanitary sewer system, from the point of the service stub installed to the property line is the responsibility of the property owner and at the property owner's expense.
11. Property owners who are able to produce proof of a warranty on the septic system (including septic tank and field bed/runs) may be exempt from connecting at the time of septic system failure, until such warranty expires.
12. That all developed or built on properties within the Serviced Area that currently have a septic tank or holding tank for sewage purposes must submit to the Township, every five (5) years, a sewage system maintenance inspection report from a qualified private sewage system installer.
13. That the Township Chief Building Official be authorized to audit any sewage system maintenance inspection and satisfy themselves as to the accuracy of the submitted report.
14. That all municipal sewer service connections must be inspected by a municipal official and that all septic tanks and holding tanks must be decommissioned as outlined in Schedule "C" to this by-law.
Part 5: Sanitary Sewer Connection Payment - New Development
15. All lots created after the passage of this by-law, and its predecessors, by consent, and not prohibited by zoning regulation or otherwise from being developed with construction, shall be subject to the sanitary sewer connection charges as set out in Schedule “A”. The sanitary sewer connection charge shall be added as a condition of severance and the owner will be liable for payment of the water rates.
16. All lots created after the passage of this by-law, and its predecessors, by registered plan of subdivision, and not prohibited by zoning regulation or otherwise from being developed with construction, shall be subject to the sanitary sewer connection charges as set out in Schedule “A”. The sanitary sewer connection charges shall be set out in the subdivision agreement and payable under the terms of the subdivision agreement.
17. All future development requiring sanitary sewers in the serviced areas must connect to the municipal sanitary sewer system if the sanitary sewer system has been constructed and commissioned along the property frontage.
Part 6: Additional Private Drain Connections
18. That property owners may elect to pay for additional Private Drain Connections (PDCs) on top of the single connection provided to each property. The cost per PDC is outlined in Schedule "D". The PDC charges may be applied as a deposit for sanitary sewer connection charges for properties later created by a plan of subdivision or municipal consents.
Part 7: Lien and Charge on Land
19. The sanitary 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 section 398 of the Municipal Act, 2001.
Part 8: Failure to Remit Payment
20. Failure to remit payment in full upon application to the municipality for connection to the said sanitary sewer system shall prohibit actual connection to the said works.
Part 9: By-Law Indexing
21. The connection charges set out in Schedule "A" to this by-law shall be adjusted annually on January 1, commencing on January 1, 2022, without amendment to this by-law, in accordance with the most recent twelve month change in the Statistics Canada Non-Residential Building Construction Price Index for Toronto.
Part 10: Schedules to the By-Law
22. The following Schedules to this by-law form an integral part of this by-law:
a) Schedule "A" – Sanitary Sewer Connection Charges
b) Schedule "B" – Debenture terms and process
c) Schedule “C” – Plumbing / Decommissioning
d) Schedule “D” – Private Drain Connection Charges
Part 11: General
23. Where the provision of any other By-Law, resolution or action of Council are inconsistent with provision of this By-Law, the provisions of this By-Law shall prevail.
24. If any clause, provision, or requirement in or under this by-law should be determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such clause, provision or requirement, and all other clauses, provision or requirements hereof shall continue in full force and effect.
25. That By-Law 2019-48 continue to be applicable as follows:
a) For the service area set out in Schedule “A” to By-law 2019-48; and
b) The provisions related to pre-payment from property owners on Shady Lane Crescent and Greenpark Drive (Section 10.c).
26. This By-law may be cited as the “Sanitary Sewer Connection By-law”.
27. That this By-law shall come into full force and effect upon final passing.
READ A FIRST AND SECOND TIME THIS 12TH DAY OF JULY, 2021.
READ A THIRD TIME AND PASSED THIS 12TH DAY OF JULY, 2021.
____________________________________ ____________________________________
Mayor Clerk
Grant Jones Lisa Higgs
Schedule “A” to By-law #2021-46
For Sanitary Sewer Connection User Fees, please see our User Fee page
Schedule "B" to By-law #2021-46
Sanitary Sewer Connection Debenture
1. PROCESS
a. Upon substantial completion of the sanitary sewer collection system, the Treasurer shall invoice property owners for the connection charge.
i. The invoice shall include information, including the interest rate to be applied, if a property owner wishes to debenture
b. The property owner shall submit, in writing, an application to the Treasurer requesting the sanitary sewer charge be debentured. Such letter shall include the property owner's names and a description of the property including the 911 address.
c. Staff shall calculate the annual repayment amount and provide notice to the property owner of such amount to be collected annually.
d. Staff shall set up the debenture on the applicable property tax roll for collection purposes.
2. TERMS AND CONDITIONS
a. A debenture shall be 10 years in length.
b. The interest rate applied shall be 4.86%.
c. The annual repayment amount shall be added to the tax roll and invoiced on the final tax bill each year, commencing with the year in which the debenture is approved, and shall be collected in the same manner as taxes.
d. If the final tax bill has already been issued for the year in which the debenture is approved, the first annual payment shall be due and payable no later than December 31 of that calendar year. Failure to submit the first annual payment by the due date shall result in the amount being added to the property tax roll and collected in the same manner as taxes.
e. The annual repayment amount shall be collected in 10 equal installments of principal plus interest.
3. EARLY REPAYMENT
a. A property owner who has been authorized for a debenture of the water connection charge shall have the option of repaying the debenture prior to the 10th annual installment.
b. A property owner shall submit, in writing, a letter to the Treasurer of the Township of Southwold offering to redeem the debenture and requesting the amount required to retire such debenture.
c. The Treasurer shall determine the remaining principal on the debenture and the interest accrued on the principal from the 1st of September immediately prior to the submission date of the request at the rate applicable to such debenture.
d. The Treasurer shall communicate, in writing, the amount required to redeem the debenture to the property owner.
e. Upon receipt of the amount, the Treasurer shall remove the debenture from the applicable property tax account and no further amounts shall be collected with regards to the debenture.
Schedule “C” to By-law #2021-46
1. Plumbing Alterations and Hook Up:
a. An application for a building permit, under Section 8. (1) of the Building Code Act, shall be submitted for any exterior plumbing alterations which shall include information such as pipe sizes, type of connections, type of pipe, location, etc. and no work shall proceed until a permit has been issued.
b. An inspection is required for installation prior to backfilling and an inspection for hook-up to municipal services. These inspection fees are included in the capital charges for the sewer connection.
c. A Building permit is required (under Section 8. (1) of the Building Code Act for interior plumbing alterations and information is required to be submitted as above. A Permit must be issued prior to starting work and inspection notification will be noted on the permit. These inspection fees are included in the capital charges for the sewer connection.
2. Sewage System Decommissioning:
a. The septic tank shall be pumped by a certified/licensed sewage hauler. An invoice or letter from the licensed sewage hauler will be required as proof that the tank has been pumped.
b. The septic tank shall be either removed or filled with sand or an acceptable alternative as approved by the Chief Building Official.
c. The Building Department will be informed by the owner or an agent acting on their behalf that the tank is properly decommissioned, and an inspection will be performed prior to completing final grading and seed/sod. These inspection fees are included in the capital charges for the sewer connection.
Schedule “D” to By-law #2021-46
For Private Drain Connections (PDC) Charges, please visit our User Fees page
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