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SG-C-21
THE CORPORATION OF THE
TOWNSHIP OF SOUTH GLENGARRY
BY-LAW 105-2021
FOR THE YEAR 2021
BEING A BY-LAW TO SET BI-MONTHLY WATER AND SEWER RATES FOR
THE GLEN WALTER AREA, LANCASTER/SOUTH LANCASTER AREA AND
ANNUAL RATES FOR THE KENNEDY REDWOOD ESTATES AREA, GREEN
VALLEY AREA AND TO CONSOLIDATE IMPOSE FEES IN THE TOWNSHIP
OF SOUTH GLENGARRY.
WHEREAS the Municipal Act 2001, c.25 S 5 (1) provides that the powers of a
municipal corporation are to be exercised by its council;
AND WHEREAS the Municipal Act 2001, c. 25 S 5 (3) provides that the powers
of every council are to be exercised by by-law;
AND WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a municipality may pass by-laws respecting matters
within certain spheres of jurisdiction including public utilities;
AND WHEREAS the Municipal Act 2001 Section 391(1) permits a Municipality to
impose fees or charges on persons for services or activities provided or done by
or on behalf of it; for costs payable by it for services or activities provided or done
by or on behalf of any other Municipality or any local board; and for the use of its
property including property under its control;
AND WHEREAS the Council of the Corporation of the Township of South
Glengarry has directed that Impose Fees be charged in serviced areas of the
Township for water and sewer connections as per the provisions contained in
Schedule E;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF SOUTH GLENGARRY ENACTS AS FOLLOWS:
1. THAT Schedule "A" to this by-law be hereby adopted as the Schedule of
Rates and Fees for the Glen Walter Water and Sewer area.
2. THAT Schedule "B" to this by-law be hereby adopted as the Schedule of
Rates and Fees for the Lancaster/South Lancaster Water and Sewer area.
3. THAT Schedule "C" to this by-law be hereby adopted as the Schedule of
Rates and Fees for the Green Valley Sewer area.
4. THAT Schedule "D" to this by-law be hereby adopted as the Schedule of
Rates and Fees for the Kennedy Redwood Estates Water area.
5. THAT Schedule "E" to this by-law be hereby adopted as the Schedule of
Impose Fees in the Township of South Glengarry.
6. THAT Schedule "F" to this by-law be hereby adopted
7. THAT the Schedule of Rates and Fees for metered services shall apply to
all billings issued after the January 2022 regular billing and on January 1,
2022 for billings charged on tax accounts and impose fees.
8. THAT By-Law No. 38-10 and No. 74-16 are hereby repealed.
By-law 105-2021
[2]
READ A FIRST, SECOND, AND THIRD TIME, PASSED, SIGNED, AND
SEALED IN OPEN COUNCIL THIS 20TH DAY OF DECEMBER 2021.
MAYOR: CLERK:
By-law 105-2021
[3]
Schedule "A"
Glen Walter System
Rate Description
Rate
(per two (2) months)
Base Usage Rates (Water & Sewer)
Flat Rate Service Fee
$95.33 per unit - per two months
Rate for water (per cubic metre of water)
$2.49
Rate for sewage (per cubic metre of water) $1.87
Minimum consumption billing
$84.17
(19.3 cubic metres per two months
and
nontransferable
between
periods)
Base Usage Rates (Water only)
Flat Rate Service Fee
$52.37 per unit - per two months
Rate for water (per cubic metre of water)
$2.49
Minimum consumption billing $48.08 per two-month period
(19.3 cubic metres per two months
and
nontransferable
between
periods)
The rates will be raised by 3% on the 1st of January each year from 2022 to
2026.
The Treasurer shall add to all overdue accounts, interest at the rate of 1 ¼ %
per month, on the first day of each month, for each month or fraction thereof on
the principal amount that remain unpaid. The interest added shall not be
compounded.
The flat rate service fee shall be reviewed by Council in the second year of
each term of Council based on a long- and short-term capital plan submitted by
Administration.
The following shall be reviewed by Council in the second year of each term of
Council:
The water rates for the Glen Walter system and Lancaster system shall
be equal and the sewage rates shall be 75% of the water rates. The
usage rates for water and sewage shall be adjusted each year by the
Treasurer. Any excess revenues of each system shall be used for
current capital, capital reserves or to pay previous deficits of the system.
Council will be notified of the proposed rate adjustments 28 days in
advance of it taking affect and users shall be notified through an
advertisement in a local newspaper and on each user's bill for the period
preceding the rate adjustments. If the required rate adjustment is more
than five percent above the previous rate, then approval by Council
Resolution in Open Session shall be required.
By-law 105-2021
[4]
Schedule "B"
Lancaster System
Rate Description
Rate
(per two (2) months)
Base Usage Rates (Water & Sewer)
Flat Rate Service Fee
$60.40 per unit - per two months
Rate for water (per cubic metre of water)
$2.49
Rate for sewage (per cubic metre of water) $1.87
Minimum consumption billing
$84.17
(19.3 cubic metres per two months
and
nontransferable
between
periods)
The rates will be raised by 3% on the 1st of January each year from 2022 to
2026.
The Treasurer shall add to all overdue accounts, interest at the rate of 1 ¼ %
per month, on the first day of each month, for each month or fraction thereof on
the principal amount that remain unpaid. The interest added shall not be
compounded.
The flat rate service fee shall be reviewed by Council in the second year of
each term of Council based on a long- and short-term capital plan submitted by
Administration.
The following shall be reviewed by Council in the second year of each term of
Council:
The water rates for the Glen Walter system and Lancaster system shall
be equal and the sewage rates shall be 75% of the water rates. The
usage rates for water and sewage shall be adjusted each year by the
Treasurer. Any excess revenues of each system shall be used for
current capital, capital reserves or to pay previous deficits of the system.
Council will be notified of the proposed rate adjustments 28 days in
advance of it taking affect and users shall be notified through an
advertisement in a local newspaper and on each user's bill for the period
preceding the rate adjustments. If the required rate adjustment is more
than five percent above the previous rate, then approval by Council
Resolution in Open Session shall be required.
By-law 105-2021
[5]
Schedule "C"
Green Valley (Sewers Only)
Rate Description
Rate
(per year)
Base Usage Rates
Flat Rate Service Fee
$540.00
per unit - per year
The rates will be raised by 3% on the 1st of January each year from 2022 to
2026.
The following shall be reviewed by Council in the second year of each term of
Council:
The flat rate service fee shall be adjusted each year by the Treasurer to
cover the long run operating and capital costs of the Green Valley
system. Council will be notified of the proposed fee adjustment 28 days
in advance of it taking affect and users shall be notified through an
advertisement in a local newspaper and on each user's bill for the period
preceding the fee adjustment. If the required fee adjustment is more than
five percent above the previous fee, then approval by Council Resolution
in Open Session shall be required.
By-law 105-2021
[6]
Schedule "D"
Kennedy Redwood Estates System (Water Only)
Rate Description
Rate
(per year)
Base Usage Rates
Flat Rate Service Fee
$1,107.50
per unit - per year
(Vacant and built-up lots)
The rates will be raised by 3.75% on the 1st of January each year from 2022 to
2025 and then 3% on the 1st of January 2026
The following shall be reviewed by Council in the second year of each term of
Council:
The flat rate service fees and user flat rate fees shall be adjusted each
year by the Treasurer to cover the long run operating and capital costs
of the Kennedy Redwood Estates system. In these calculations the user
flat rate fee shall be increased at the same rate as the flat rate service
fee. Council will be notified of the proposed fee adjustments 28 days in
advance of it taking affect and users shall be notified through an
advertisement in a local newspaper and on each user's bill for the period
preceding the fee adjustments. If the required fee adjustment is more
than five percent above the previous fee, then approval by Council
Resolution in Open Session shall be required.
By-law 105-2021
[7]
Schedule "E"
Impose Fees for the Township of South Glengarry
1.
THAT where lawfully permitted Impose Fees established by this by-law
are hereby imposed on the serviced areas as hereinafter set forth.
2.
a) THAT the Single-Family Residential Impose Fee is established at
$10,506 per hook up for fully serviced areas and $5,253 per hook up
for single service areas.
b) THAT the Multi-Unit Residential Impose Fee is established at $62.82
per square meter of finished floor area for the first 167 square meters
and $55.28 per each additional square meter of finished floor area for
fully serviced areas and $31.41 per square meter of finished floor area
for the first 167 square meters and $27.64 per each additional square
meter of finished floor area for single serviced areas. Such floor area
shall be inclusive of all floors, including the basement, but exclusive
of common areas in a multi-unit development that does not have any
significant fixtures (significant to be determined by the Township's
Chief Building Official or designate).
c) THAT the Non-Residential Impose Fee shall be established at an
amount as recommended by Administration based on the expected
usage.
3.
THAT notwithstanding the passage of this by-law, all Subdivision
Agreements that have been duly executed prior to the passage of this by-
law having not addressed Impose Fees shall remain exempt from any
Impose Fees. Any Agreement having addressed Impose Fees will be
bound by the Agreement.
4.
THAT the Impose Fee imposed by this by-law shall be calculated and be
payable in money on the date that a Building Permit is issued in relation to
a building or structure on land to which the Impose Fee applies, or in a
manner or at a time otherwise lawfully agreed upon.
5.
THAT notwithstanding the passage of this by-law, the impose fees in new
Subdivisions shall be half the rate established in this by-law unless the
Subdivision Agreement specifies a different rate.
6.
THAT if any portion of this by-law is ruled invalid, illegal, or unenforceable
in any respect by a court of competent jurisdiction, the remainder of the
by-law shall remain valid and binding.
The impose fees shall be adjusted for inflation each year by the Treasurer.
Council will be notified of the proposed fee adjustments 28 days in
advance of it taking affect and users shall be notified through an
advertisement in a local newspaper and on each user's bill for the period
preceding the fee adjustments. If the required fee adjustment is more
than five percent above the previous fee, then approval by Council
Resolution in Open Session shall be required.
By-law 105-2021
[8]
Schedule "F"
Multi Units and Single Units
Rate Description
1.
THAT the Multi Units (MU) be charged at a rate similar to Single Units
(SU), meaning that there is one minimum billing and one flat fee
(collectively known as the 'minimum') per unit.
In example: a MU with 8 units was previously charged 1 minimum and
subsequently paid for usage greater than 19.3 m3 and as of 2016, the MU
with 8 units would have been charged 8 minimums and pay for usage
greater than 154.4m3 (19.3m3 x 8) but now will pay 60% per subsequent
unit.
2.
THAT the 1 minimum for 1 unit MU situation ceases and be replaced with
1 minimum for the 1st unit and 60% of a minimum for all subsequent units.
In example: a MDU with 8 livable units, where the first unit is charged a
single 'minimum' and subsequent units are charged a percentage of said
fees, starting at 60%.
Year
1st Unit (A)
Subsequent Units (B)
Total fees charged (A) + (B)
2017
1
7 @ 40% = 2.8
1 + 2.8 = 3.8
2018
1
7 @ 50% = 3.5
1 + 3.5 = 4.5
2019
1
7 @ 60% = 4.2
1 + 4.2 = 5.2
THE SUBSEQUENT UNIT RATE INCREASES STAY SET AT 60%
2020
1
7 @ 70% = 4.9
1 + 4.9 = 5.9
2021
1
7 @ 80% = 5.6
1 + 5.6 = 6.6
2022
1
7 @ 90% = 6.3
1 + 6.3 = 7.3
2023
1
7 @ 100% = 7.0
1 + 7.0 = 8.0 (which = 1 for 1)
THAT any MU discovered on subsequent revisions of the MU list, will be charged
at 1 minimum for the first unit and 60% for subsequent units.
THAT the list of MU be reviewed periodically, but no less than once every two
years, by administration and revised accordingly as needed.