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TOY 80 - Water Supply Upgrade Lending Program Bylaw
Town of Yarmouth
WATER SUPPLY UPGRADE PROGRAM
Effective: October 27th, 2021
TOY 80
1.0
Purpose
The purpose of the bylaw is to enable financing of water supply upgrades to qualifying residential
properties within the Town of Yarmouth.
2.0
Definitions
2.1
"CAO" means Chief Administrative Officer for the Town of Yarmouth, or their designate.
2.2
"Event of default" includes any one of the following occurrences of any of the property owners:
a. bankruptcy;
b. arrears of property taxes or sewer charges;
c. missed scheduled payment if not remedied within 90 days.
2.3
"Lending Agreement" means the written, signed agreement between the owner of a Qualifying
Property and the Town for financing of a Water Supply Upgrade.
2.4
"Maximum eligible amount" means the maximum amount that the Town will lend to a Qualifying
Property owner for a Water Supply Upgrade. The Town of Yarmouth's maximum eligible amount
is $10,000.
2.5
"Town" means Town of Yarmouth.
2.6
"Qualifying Property" means an owner-occupied residential property located within the Town but
does not include multi-unit residential, non-profit owned buildings, business or industrial
premises.
2.7
"Water Supply Upgrade" means a replacement to an existing well that is required to source water
for the property. Upgrades may include the installation of equipment related thereto.
2.8
"Water Supply Upgrade loan" means moneys advanced to the owner of a Qualifying Property,
either directly, or through a third party administering the project, pursuant to section 81A of the
Nova Scotia Municipal Government Act.
3.0
Administration
3.1
An owner of a Qualifying Property within the Town may apply on a prescribed form to the Town
for financing of a Water Supply Upgrade to the property
3.2
Lending shall be subject to the approval and agreement in writing of the CAO on behalf of the
Town and the execution of a Lending Agreement. The conditions must be met for approval include
that:
TOY 80 - Water Supply Upgrade Lending Program Bylaw
a. the owner of the qualifying property is not in default of any Town taxes, rates, or charges
and has no taxes, rates, or charges owning that are older than the current tax year;
b. water supply upgrades must comply with applicable provincial and/or federal regulations;
c. the contractors must have a valid Nova Scotia Department of Environment license to carry
out a water supply upgrade;
d. other conditions as indicated in the Lending Agreement that may be modified from time
to time.
3.3
The Water Supply Upgrade Loan shall become payable on the completion of the contract for the
installation of the Water Supply Upgrade in accordance with the Lending Agreement. The Water
Supply Upgrade Loan may consist of:
a. the cost of the Water Supply Upgrade, including all labour costs, permit fees and
applicable taxes;
b. applicable service fees incurred by the Town directly or the owner of the Qualifying
Property;
c. interest charges, including any additional interest arising due to any default of payment.
3.4
The owner of a Qualifying Property may elect to pay the Water Supply Upgrade loan by equal
installments over a period of not more than 10 years, on which interest shall be payable as set
out in the Lending Agreement.
3.5
The Town shall not be responsible for ongoing maintenance and operating costs of the Water
Supply Upgrade; the Water Supply Upgrade is owned and maintained by the owner of the
Qualifying Property.
3.6
In the event of default of any payment under the Lending Agreement, the outstanding balance
shall be immediately due and payable. Interest shall be accrued on the amount then due and
payable at the same rate applied by the Town for unpaid taxes and charges in default.
3.7
The Town shall maintain a separate account of all monies due for the Water Supply Upgrade Loan,
identifying, for the subject property:
a. the names of the property owners, assessment account number, PID and civic addresses;
b. the original amount of the Water Supply Upgrade Loan advanced;
c. the annual amounts paid to the Town to repay the Water Supply Upgrade Loan, said
amounts to distinguish between principal amounts and interest amounts; and
d. the Town will provide the property owner(s), annually, on the anniversary date of the
loan, with a statement of account; showing the principal balance owing at the end of the
previous year, total amount paid during the year, amount of interest included in the
payment(s) and the balance of principal owing at the end of the year.
3.8
A member from Public Works shall ensure that work has been completed.
4.0
Lien
4.1
On completion of a Water Supply Upgrade pursuant to the Lending Agreement, the Water Supply
Upgrade Loan shall become a lien levied against the property in accordance with the Municipal
Government Act.
TOY 80 - Water Supply Upgrade Lending Program Bylaw
4.2
The portion of the annual repayment of the Water Supply Upgrade Loan shall be equal to the total
loan outstanding divided by the number of years remaining, with applicable interest, subject to
Section 3.4 of this Bylaw.
4.3
The Water Supply Upgrade Loan advanced pursuant to this bylaw constitutes a first lien on the
property and has the same effect as rates and taxes under the Assessment Act.
4.4
A Water Supply Upgrade Loan is collectable in the same manner as rates and taxes under the
Municipal Government Act, and is collectable at the same time and by the same proceedings as
taxes.
4.5
The lien provided for in this Bylaw shall become effective on the date the work is completed.
4.6
The lien provided for in this Bylaw shall remain in effect until the total Water Supply Upgrade
Loan, including any accrued interest, has been paid in full.
5.0
Interest
5.1
Interest shall accrue on any Water Supply Upgrade Loan and associated charges which remain
outstanding from the date of billing.
5.2
Interest shall begin accruing on a Water Supply Upgrade loan on the earlier of:
a. Certificate of Completion date; or
b. 30 days from the date of the last submitted invoice for payment.
5.2
Interest is payable on amounts deemed outstanding pursuant to the rate of 5%.
6.0
Maintenance
Nova Scotia Department of Environment recommends well water should be tested every six
months for bacteria and every two years for chemical contaminants. For the duration of this
agreement, the property owner, at their expense, shall have the well tested according to these
standards and submit test results to the Town of Yarmouth, annually.
Clerk's Annotation for Official Bylaw Book
Date of Adoption: October 14th, 2021
I certify that this 'Water Supply Upgrade Program Bylaw' was adopted by Council as indicated above.
Town Clerk: Date:
Adopted
Date of First Reading
September 9th, 2021
Notice of Intent to Consider
September 22nd & 29th, 2021
Date of Second Reading
October 14th, 2021
Date of Publication
October 27th, 2021