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THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES
BY-LAW NUMBER 06 of 2023
BEING A BY-LAW TO IMPOSE WATER AND SANITARY SEWER
CONNECTION FEES ON NEW CONNECTIONS TO THE EXISTING WATER
AND SEWER SYSTEMS TO ENSURE THAT NEW USERS OF THESE SYSTEMS
PAY THEIR FAIR SHARE OF THE COSTS OF THE EXISTING CAPACITIES
OF THE WATER AND SEWER SYSTEMS
WHEREAS the Municipality of Lambton Shores (the "Municipality") has constructed
certain water and sewage works to ensure sufficient capacity to service and benefit
users connected to the systems, pursuant to its powers under Part 12 of the Municipal
Act, 2001, as amended (the "Municipal Act");
AND WHEREAS the Council of the Municipality is authorized by Part 12 of the
Municipal Act to impose a water and/or sewer connection fees upon owners or
occupants of land who derive or will or may derive a benefit from gaining access to the
existing water and sewer capacity sufficient to pay all or such portion of the capital
costs of providing capacity as Council deems appropriate;
AND WHEREAS the lands to be benefited and charged with the water and sewer
connection fees are the water and sewer servicing areas as amended from time to
time;
AND WHEREAS the Municipality has determined that the capital costs for such water
and sewage system capacities shall be charged against the water and sewer servicing
areas and shall be borne by the new users connecting to the systems from time to time
of said lands;
THEREFORE the Council of the Municipality of Lambton Shores enacts as follows:
1. For the purpose hereof, the following words, when used in this By-law, shall
have the following meanings:
a) "Development Charge" means the charge imposed by the Municipality in
accordance with the Development Charges Act, 1997 and latest updates;
b) "Existing Property" means an existing building that is not yet connected to the
water and/ or sewer system but will now be connected;
c) "Municipality" means the Municipality of Lambton Shores;
d) "New Property" means a building that is not yet built but will be connected to
the water and/ or sewer system;
e) "Sewer Connection" means giving an existing or new property access to the
existing capacity of the sewer system;
f) "Sewer Connection Fee" means the charge imposed by the Municipality on
new users of the sewer system to cover their fair share of the existing sewer
system capacity but does not include the physical pipe connection and related
costs;
g) "System Capacity" means the ability of the water and sewer systems to handle
user demand as determined through engineering calculations and regulatory
approvals'
h) "Water Connection" means giving an existing or new property access to the
existing capacity of the water system;
i) "Water Connection Fee" means the charge imposed by the Municipality on new
users of the sewer system to cover their fair share of the existing water system
capacity but does not include the physical pipe connection and related costs;
2. The water connection fees set forth in Schedule "A" shall:
a) apply to all areas within the Municipality that are serviced by a water system,
as amended from time to time. These areas are deemed as the benefiting
areas.
b) be imposed on all new water connections by existing and new properties to
the water system
3. The sewer connection fees set forth in Schedule "A" shall:
a) apply to all areas within the Municipality that are serviced by a sewer
system, as amended from time to time. These areas are deemed as the
benefiting areas.
b) be imposed on all new sewer connections by existing and new properties to
the water system.
4. Notwithstanding Sections 2 and 3, the water and sewer connection fees under
this by-law shall not apply if:
a) a development charge for water and/or sewer applies to the area within
the Municipality that is serviced by a water and/or sewer system, as
amended from time to time; or
b) a development charge for water and/or sewer has been paid.
5. The water and sewer connection fees set forth in Schedule "A" shall be
payable:
a) upon the municipality's approval of the connection for existing properties;
and
b) upon issuance of the building permit for new properties
6. The water and sewer connection fees set forth in Schedule "A" pursuant to this
by-law may be adjusted annually, without amendment to this by-law,
commencing on the first anniversary date of this by-law and each anniversary
date thereafter, in accordance with the Statistics Canada Quarterly,
Construction Price Statistics.
7. The following schedules to this by-law form an integral part thereof:
Schedule "A
8. This by-law comes into force and effect upon passage of this by-law.
READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED this 10th day of
January, 2023.
___________________________
Mayor
___________________________
Clerk
SCHEDULE "A"
BY-LAW NO 06 of 2023
SCHEDULE OF WATER AND SEWER CONNECTION FEES
Water Meter Size
Water Connection Fee
Sewer Connection Fee
0.75"
3,457.44
$
4,108.40
$
1"
11,210.96
$
7,770.45
$
1.5'
20,308.20
$
14,077.59
$
2"
33,207.86
$
23,024.77
$
2.5"
38,205.34
$
26,486.47
$
3"
63,821.68
$
44,238.79
$
4"
105,257.65
$
72,972.20
$
6"
206,548.96
$
140,240.83
$