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THE CORPORATION OF THE TOWNSHIP OF WELLINGTON NORTH
BY-LAW NUMBER 094-16
A BY-LAW TO REQUIRE OWNERS OF BUILDINGS TO
CONNECT SUCH BUILDINGS
TO SEWAGE WORKS IN THE TOWNSHIP OF WELLINGTON NORTH
WHEREAS IT IS DEEMED EXPEDIENT BY THE Township of Wellington North to pass
a By-law requiring the owners of all buildings in the municipality within the designated
urban boundaries of the former Village of Arthur and the former Town of Mount Forest
as defined in the County of Wellington Official Plan, as amended from time to time, to
connect such buildings to the public sanitary sewer system and sewage works;
AND WHEREAS such By-law may provide for exempting owners of buildings, or any
such class or classes thereof as may be specified in the By-law in the municipality or in
any defined area thereof from the application of the provisions of the By-law requiring
the connection of such buildings or such class or classes thereof to the sewage works
of the municipality upon payment by the owner to the municipality of such amounts or of
amounts computed by such method as may be provided for in the By-law, and the
amounts or method of computation provided may be different for owners of different
classes of buildings, and the By-law may provide for the manner in which and the period
for which the payments may be made:
NOW THEREFORE THE COUNCIL OF THE MUNICIPALITY ENACTS AS FOLLOWS:
Definitions
"building" means and includes any building, trailer, or other covering or structure used or
intended for supporting or sheltering any use or occupancy with the land and premises
appurtenant thereto which:
is located within 50 metres of a main sanitary sewer;
is located on a parcel of land abutting on a public highway, street or municipal
easement in which a sewage works is located or a parcel of land not more than
0.30 metres from a public highway, street or municipal easement in which a
sewage works is located;
is serviced by an on-site sewage/septic system that is deemed a significant
drinking water threat as defined by the Source Protection Plan, as amended from
time to time, for the Grand River Source Protection Area and the Saugeen Valley
Source Protection Area, is located in a vulnerable well head protection area
(WHPA) for a municipal drinking water well where the vulnerability score is 10 as
defined in the Source Protection Plans, as amended from time to time, for the
Grand River and Saugeen Valley Source Protection Areas and the Clean Water
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Act as amended from time to time and is located within 100 metres of a main
sanitary sewer, and
(i) contains, or is required by any other By-law, regular or statute to contain,
any sleeping, eating or food preparation facilities;
(ii) contains or is required by any other By-law, regulation or statute to
contain, any washing or toilet or cleaning facilities;
(iii) is connected, or is required by any other By-law, regulation or statute to be
connected, to a water supply, or waterworks;
(iv) is connected to is required by any other By-law, regulation or statute to be
connected, to a drain or sewage works, or
(v) which is a source of sewage; other than a barn used for agricultural
purposes and which contains no sleeping accommodation for persons;
"connect" means to install a connection;
"connection" means a connection to a sewage works system including the service pipe
from the interior face of the outer wall of a building to:
the street line where a service line has been installed from the main sanitary
sewer to the street line; or
the main sanitary sewer where a service line has not been so installed,
and if the property on which the building is located is the source of different types
of sewage which are required to be delivered separately to the sewage works,
connection includes separate connections for the different types of sewage;
"cost" includes the cost of restoring any property disturbed or damaged in the course of
making a connection and the cost of design, if any, materials, labour and supervision of
the connection incurred after the date of sending a Notice and includes the amount of
expense charges by the Municipality to the owner when the Municipality makes a
connection at the expense of the owner;
"Council" means the Council of The Corporation of the Township of Wellington North;
"main combined sewer" means a main sewer for the collection of both sewage and
storm water;
"main sanitary sewer" means a main sewer for the collection of sewage;
"main sewer" means that part of the sewage works of the municipality consisting of the
public sewers including their branches;
"main storm sewer" means a main sewer for the collection of storm water;
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"Municipality" means The Corporation of the Township of Wellington North;
"Notice" means a notice given pursuant to this By-law requiring a connection to be
made;
"owner" means the owner of a building and includes the registered owner of, the person
shown on the assessment roll as owner of, and the actual owner of a building or any
property on which a building is located;
"sewage" shall mean any liquid waste containing animal, vegetable or mineral matter in
suspension or solution, and includes drainage from all sinks, tubs, toilets and washing
facilities but does not include storm water;
"sewage works" shall mean and include any main sewer, main combined sewer, main
sanitary sewer or main storm sewer operated and maintained by or on behalf of the
Municipality for the acceptance, collection, transmission, or disposal of sewage, and
storm water;
"storm sewer" shall mean rain water, melted snow, ice and water in the subsoil or roof
and parking lot runoff;
"vulnerable well head protection area" shall mean property or a portion thereof where
the vulnerability score for a municipal water supply, as determined by the Source
Protection Plan, as amended from time to time, for the Grand River and Saugeen Valley
Source Protection Areas, is 10, as defined in the Source Protection Plans, as amended
from time to time, for the Grand River and Saugeen Valley Source Protection Areas and
the Clean Water Act as amended from time to time;
"significant drinking water threat" shall have the same meaning as the definition under
the Clean Water Act;
"wellhead protection area" has the meaning prescribed by the regulations under the
Clean Water Act as amended from time to time;
1.
Every owner of a building shall connect the building to the sewage works of the
Municipality.
2.1
Any connection required to be made by an owner under this By-law shall be
made:
(a) within nine months of the mailing of a Notice to the owner by registered
mail to the last known address, requiring the connection to be made, or
within such periods of time, if any, as are granted by Council as an
extension pursuant to the provisions of this By-law but not later than July
1, 2021, and
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(b) in accordance with the requirements of the Notice and any By-law,
regulation or statutes governing such connection.
2.2
Any Notice hereunder:
(a)
shall require the owner to make the connection to the satisfaction of the
Municipality;
(b)
shall advise the owner:
(i)
the date on which the nine months period expires, and
(ii)
that if the owner fails to make the connection as required, the
Municipality has the right to make it at the Owner's expense and to
recover the expense by action or in like manner as municipal taxes;
(c)
shall make reference to this By-law; and
(d)
shall require the owner to decommission any on-site sewage/septic
system at the time of connection to the main sanitary sewer to the
satisfaction of the Municipality's Chief Building Official.
2.3
A Notice hereunder may classify different types of sewage and require that such
types be drained through separate connections into specified sewers.
2.4
If a building is connected only to one sewer and separate sewers for different
types of sewage are available, or made available to serve the land on which the
building is located, the Notice hereunder may, if the building or the land on which
the building is located is or may be a source of sewage of more than one
classified type, require the owner to connect the building to the sewage works in
such manner that the different types of sewage are drained separately into the
sewers specified in the Notice.
2.5
If a building or property on which it is located is being connected to a sewage
works for the first time and separate sewers for different types of sewage are
available or Council has determined that such separate sewers will be made
available in the future, the owner may be required by the Notice to make
separate connections for the different types of sewage and if a fee is charged for
each connection to a sewer only one connection fee may be charged if separate
connections to the same sewer are required by the Notice.
2.6
Council shall offer an incentive to the residents of existing homes of 50% of the
cost to connect their sump pump to the storm sewer, up to a maximum of
$250.00/connection. To receive the incentive payment, the installation must be
complete and in accordance with the Municipality servicing standard and once
completed the homeowner must submit a copy of their invoice verifying the cost
of the project and payment in full of same.
2.7
This By-law does not limit the operation of any By-law, regulation or statute
regulating or prohibiting the types and contents of waste or other material which
may be drained into a sewer or sewage works.
3.1
Where there are a main sanitary sewer and a main storm sewer available in the
land to which a building is appurtenant or within 50 metres of such land that is
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not located in a vulnerable well head protection area or within 100 m of such land
and that is located in a vulnerable well head protection area and accessible by a
street or lane:
(a)
the drains for sewage from the building shall be connected to a main
sanitary sewer;
(b)
roof drainage systems of the building shall be discharged to the surface of
the ground and not directly connected to a storm or sanitary sewer;
(c)
the drains for foundation drainage systems including sump pump
discharges from a building shall be connected to a main storm sewer; and
(d)
the drains for storm water shall be connected to the main storm sewer.
3.2
Where there is only a main sanitary sewer available in the land on which a
building is located, or within 50 metres of such land that is not located in a
vulnerable well head protection area or within 100 metres of such land and that is
located in a vulnerable well head protection area and accessible by a street or
lane, the drains for sewage from the building shall be connected to the main
sanitary sewer.
3.3
Where there is only a main storm sewer available in the land on which a building
is located or within 50 metres of such land that is not located in a vulnerable well
head protection area or within 100 metres of such land that is located in a
vulnerable well head protection area and accessible by street or lane, the drains
for storm water excluding roof drainage systems of the building shall be
connected to the main storm sewer. Storm water from foundation drainage
including sump pump discharges shall be discharged to a main storm sewer.
3.4
Where there is only a main combined sewer available in the land on which a
building is located, or within 50 metres of such land that is not located in a
vulnerable well head protection area or within 100 metres of such land that is
located in a vulnerable well head protection area and accessible by street or
lane, the drainage for the building shall be by separate drains for sewage and for
storm water including the roof and foundation drainage and each drain shall be
connected to the place of disposal at the main combined sewer.
4.1
Council may, on the application of an owner to whom Notice has been sent, grant
an extension of the period of nine months within which the connection must be
made.
4.2
An extension, if granted, must not be for a period longer than two years from the
end of the nine month period provided by the Notice.
4.3
If the first extension is for a period of less than two years one further extension
with an expiry date no more than two years from the end of the original nine
month period provided by the Notice may be granted by Council and no further
extension may be granted.
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5.1
If the owner fails to make a connection required by a Notice within the nine
month period or such extended period permitted hereunder, as Council grants,
the Municipality may make the connection at the expense of the owner and for
this purpose may enter into and upon the property of the owner.
5.2
The cost of making such connection shall be a lien or charge as municipal taxes
upon the land in respect of which the connection was made, shall be added to
the Tax Collector's Roll by the Clerk of the Municipality and shall be collected in
the same manner as overdue taxes and shall bear interest from the date the first
demand for payment is made at the same rate as overdue taxes.
6.1
The owner of a building affected by this By-law, where the building is not located
in a vulnerable well head protection area, may be exempted from the provisions
of Section 1 upon a request for Exemption Application (Form 1) having been
received by the Clerk of the Municipality and the owner requesting exemption
shall be billed monthly a flat charge equal to 100% of the minimum residential
sewage service rate as determined from time to time by the Municipality in lieu of
user rates.
6.2
The owner of a building affected by this By-law, where the building is located in a
vulnerable well head protection area, may be exempted from the provisions of
Section 1 upon a request for Exemption Application (Form 1) having been
received by the Treasurer of the Municipality and the owner requesting the
exemption shall be billed as indicated in Section 6.1 above provided the
estimated cost of the main sanitary sewer connection exceeds three (3) times the
estimated cost of an advanced on-site sewage/septic system that is sized
appropriately for the calculated daily design flow.
7.
For an owner to be continued to be entitled to the exemption, the owner must
have paid the bills issued under Section 6.1 and 6.2 as they fall due.
8.
The owner of a building electing to be exempt under Section 6.1 and 6.2, shall,
within twenty-one days of Notice, return to the Clerk of the Municipality a
Request for Exemption Application (Form 1), approval by the Ministry of
Environment and Climate Change, or the Municipality's Chief Building Official
(CBO), or pursuant to applicable Sections of the Environmental Protection Act
and its Regulations as amended from time to time and the Ontario Water
Resources Act and its Regulations as amended from time to time.
9.
When an owner who has been making payments under Sections 6.1; 6.2 and 7
of this By-law connects the building to the sanitary sewage works his charges for
sanitary sewage service rates shall be credited with any amount paid under
Sections 7 and 8 with respect to the time period after the sanitary sewage
connection is made.
10.
PENALTIES, OFFENCES AND ENFORCEMENT
10.1 Subject to subsection 10.2, any person who contravenes a provision of this By-
law, and an officer or director of a corporation in the event of a contravention by a
corporation, is guilty of an offence and upon conviction is liable to a fine or
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penalty as follows:
(a)
for a first offence, a minimum of $100.00 and a maximum of $5,000.00;
(b)
for a second offence, a maximum of $15,000.00; and
(c)
for a third or subsequent offence, a maximum of $30,000.00.
10.2 Any person who contravenes any order made under this By-law, or an officer or
director of a corporation in the event of a contravention by the corporation, is
guilty of a continuing offence and upon conviction is liable to a daily fine or
penalty of a maximum of $2,500.00 for each day or part of a day that the offence
continues, and despite subsection 10 the total of all the daily fines imposed for an
offence is not limited by the maximums listed in subsection 10.
10.3 If this by-law is contravened and a conviction entered, in addition to any other
remedy and to any penalty imposed by the by-law, the court in which the
conviction has been entered and any court of competent jurisdiction thereafter
may make an order,
(a)
prohibiting the continuation or repetition of the offence by the person
convicted; and
(b)
requiring the person convicted to correct the contravention in the
manner and within the period that the court considers appropriate.
10.4 Pursuant to section 441 of the Municipal Act, 2001 if any part of a fine for a
contravention of this by-law remains unpaid after the fine becomes due and
payable under section 66 of the Provincial Offences Act, R.S.O. 1990, c. P.33, as
amended, including any extension of time for payment ordered under that
section, the Municipality may give the person against whom the fine was imposed
a written notice specifying the amount of the fine payable and the final date on
which it is payable, which shall be not less than twenty one (21) days after the
date of the notice.
10.5 If the fine remains unpaid after the final date specified in the notice, the fine shall
be deemed to be unpaid taxes for the purposes of section 351 of the Municipal
Act, 2001.
10.6 In accordance with section 441.1 of the Municipal Act, 2001 any part of a fine
owing pursuant to this by-law or a related provincial offence may be added to the
tax roll for any property in the Municipality for which all of the Owners are
responsible for paying the fine, and collect such fine in the same manner as
municipal taxes.
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11.
REPEAL
11.1 By-laws 55-09; 18-10 and 91-123 are repealed in their entirety.
11.2 Notwithstanding subsection 11.1, the provisions of By-law 55-09; 18-10 and 91-
123 will be deemed to continue in force and effect with respect to any and all
orders, appeals or prosecutions issued, filed or commenced under that by-law,
and any assessment, rate, charge, tax, fee, liability or penalty outstanding under
that by-law may be collected as if that by-law had not been repealed.
12. EFFECTIVE DATE
12.1 This By-law shall take effect on the date of its final passage by Council.
READ A FIRST AND SECOND TIME ON THIS 5TH day of DECEMBER 2016.
______________________________
ANDREW LENNOX MAYOR
KARREN WALLACE, CLERK
READ A THIRD TIME AND FINALLY PASSED
THIS 19TH day of DECEMBER, 2016
______________________________
ANDREW LENNOX MAYOR
KARREN WALLACE, CLERK
By-law No. 094-16
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(Form No. 1)
REQUEST FOR EXEMPTION
THE CORPORATION OF THE TOWNSHIP OF WELLINGTON NORTH
I/We ___________________________________________________
The owners of the property listed below hereby request(s) exemption from the provisions of Section
"2" of By-law No. _________ of the Municipality for the following reason(s):
and agree to pay the amounts imposed by By-law from time to time to be entitled to such exemption.
DATED this __________________ day of _________________________, 2016
*Owner (Signature)
Street Address
Lot
Registered Plan and
Assessment Roll No.
*Where there is more than one owner, all owners must sign.
Where the owner is a corporation, partnership, etc. the positions of the persons signing must be
stated and the seal of such corporation, partnership, etc. must be affixed hereto.
For Municipal Use Only
i)
MOECC confirms no outstanding requirements with respect to unsatisfactory water supplies
YES _____
NO_____
Checked By
Date
ii)
Director confirms no outstanding requirements under the Building Code Act, Environmental
Protection Act, Clean Water Act and/or the Ontario Water Resources Act
YES _____
NO_____
By-law No. 094-16
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Checked By
Date
iii) The above request for exemption from connection was considered by Council at a meeting held
on _________________________. The request was approved/not approved by a vote of
______________.
iv) Property owner advised of Council's decision by letter dated ___________________________.