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West Elgin
The Corporation of The Municipality of West Elgin
By-Law 2024-42
Being A By-Law to Impose Connection Requirements and Charges to Obtain
Revenue to Pay the Capital Costs of Sanitary Sewer Systems
WHEREAS the Municipality of West Elgin has constructed a sanitary sewer collection
system and wastewater treatment plants, within the settlement areas of Rodney and
West Lorne, hereinafter referred to as the Rodney and West Lorne Sanitary Sewer
Systems;
AND WHEREAS the Municipality of West Elgin owns and operates the Rodney and
West Lorne Sanitary Sewer Systems;
AND WHEREAS the Municipality of West Elgin may collect sanitary sewer connection
charges from property owners required and/or desiring to connect to the system;
AND WHEREAS by subsection 11(3) Paragraph 4 of the Municipal Act, the Municipality
of West Elgin, 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 system, pursuant to subsection 90(3) and subsection 391(2) of the
Municipal Act, 2001, S.O. 2001, as amended;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF WEST ELGIN ENACTS AS FOLLOWS:
Definitions
By-law #2024-42 Sanitary Sewer Connection Charge By-law Page 1
1. In this By-law:
a) "connection charge" means the charge by the Municipality of West Elgin to the
owner of land requesting a connection to the sanitary sewer collection system;
b) "Council" means the Council of the Municipality of West Elgin;
c) "lot" means a parcel of land held or owned under separate ownership from the
ownership of the charge or equity of redemption in abutting land and shall be
described in a registered deed or other document legally capable of conveying
land;
d) "Rodney and West Lorne Settlement Areas" means the settlement areas
identified in the Municipality of West Elgin Official Plan;
e) "serviced area" means a property which abuts an in-service sanitary sewer line;
f) "sanitary sewer capacity charge" means a charge for the capital cost of the
sanitary sewer system or any part or parts thereof;
g) "sanitary sewer system" means the Municipality of West Elgin 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;
h) "Treasurer" means the Treasurer for the Municipality of West Elgin, including any
Deputy or authorized alternates.
Sanitary Sewer Connections - General
2. For Multi-residential, Multi-use properties, Commercial, Industrial and Institutional
properties, connection charges 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 Municipality
of West Elgin. 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 any outstanding
costs, debt and future capital improvements and upgrades to the sanitary sewer
system. The funds collected shall be segregated in reserve accounts for each
system and shall be used only for future capital improvements of the sanitary sewer
By-law #2024-42 Sanitary Sewer Connection Charge By-law Page 2
systems.
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 conduct all administrative
actions required to implement the provisions of this by-law.
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 Municipality
ofWestElgin:
a) All properties within the Rodney and West Lorne Settlement Areas, as defined in
the Municipality's Official Plan, that may connect to the Sanitary Sewer System,
including all subsequent lots created within.
Sanitary Sewer Connection Payment - New Development
8. All future development requiring sanitary sewers in the serviced areas must connect
to the municipal sanitary sewer system.
9. All lots created after the passage of this by-law, 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.
10.All lots created after the passage of this by-law, by registered plan of
subdivision/condominium 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 prior to registration of the plan of
subdivision/condominium.
Sanitary Sewer Connection Payment - Existing Lots
11. Property owners of existing lots within the Rodney and West Lorne Settlement Areas
with access to an existing sanitary sewer line may connect to the system subject to
approval from the Municipality and payment of the Connection Charge as set out in
Schedule "A".
By-law #2024-42 Sanitary Sewer Connection Charge By-law Page 3
12. Property owners of existing lots within the Rodney and West Lorne Settlement Areas
without access to an existing sanitary sewer line, may connect to the system subject
to approval of the Municipality, payment of the Connection Charge and Service
Extension Charge as set out in Schedule "A".
13. Property owners of existing lots within a serviced or to be serviced area may elect to
debenture the Sanitary Sewer Connection Charge as set out in Schedule "B".
i) 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 Municipality of West Elgin
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 Municipality.
14. Costs for connecting to the service stub installed at the property line is the
responsibility of the property owner and at the property owner's expense.
Intensification
15. Sanitary Sewer Connection Charges do not apply due to residential intensification of
a property that does not require an additional or increased capacity sanitary sewer
connection.
16. Intensification that requires additional sanitary sewer lines and/or larger capacity
lines, or where there is a significant change in sanitary sewer affluent due to
redevelopment is subject to review and approval by the Municipality. Charges will be
included in the Development Agreement.
Lien and Charge on Land
17. 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.
Failure to Remit Payment
18. 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.
By-Law indexing
By-law #2024-42 Sanitary Sewer Connection Charge By-law Page 4
19. The connection charges set out in Schedule "A" to this by-law shall be adjusted
annually on January 1, commencing on January 1, 2025, without amendment to this
by-law, in accordance with the most recent twelve month change in the 3rd Quarter
Statistics Canada Non-Residential Building Construction Price Index for Toronto.
Schedules to the By-Law
20. 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
General
21 .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.
22. 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.
23. This By-law may be cited as the "Sanitary Sewer Connection Charge By-law".
24. That this By-law shall come into full force and effect upon final passing.
READ A FIRST AND SECOND TIME THIS 23rd DAY OF MAY, 2024.
READ A THIRD TIME AND PASSED THIS 23rd DAY OF MAY, 2024.
Richard Leatham, Mayor TerH Towstiuc, Clerk
By-law #2024-42 Sanitary Sewer Connection Charge By-law Page 5
Schedule "A" to By-law 2024-42
2024 Sanitary Sewer Connection Charges
Rodney and West Lorne Sanitary Sewer Systems
Service Type
Single Family Dwelling
Semi-Detached Dwelling
Duplex
Townhouse
Row House
Other Multiple Dwelling Types with
Individual Sanitary Sewer Connections
Apartment - 2+ Bedroom
Apartment -1 Bedroom & Bachelor
Connection Charge
$10,000.00/Unit
$10,000.00/Unit
$10,000.00/Unit
$6,959.00/Unit
$6,959.00/Unit
$6,959.00/Unit
$5,437/Unit
$4,219/Unit
Commercial / Industrial - based on Water Connection Service Size
1" Water Service
1.5" Water Service
2" Water Service
Over 2" Water Service
High WaterAA/astewater Users
$10,000/connection
$13,300/connection
$15,000/connection
To be reviewed individually and charge
included in development agreement
To be reviewed individually and charge
included in development agreement
Extension of the Serviced Area
Any service extension required to provide
a sanitary sewer connection to an existing
property and/or development site.
Service stub from Sanitary Sewer Line to
property line
To be reviewed individually and
applicable extension charges to be
included in development agreement
and/or completed by the applicant, plus
Applicable Connection Charge(s) and
other permit charges.
Existing properties without a Sanitary
Sewer Service Stub will be reviewed
individually. The applicant will be
responsible for completing the connection
to the sanitary sewer line, subject to
obtaining all necessary approvals and
permits, plus Applicable Connection
Charge(s).
By-law #2024-42 Sanitary Sewer Connection Charge By-law
Page 6
Schedule "B" to By-law #2021-46
Sanitary Sewer Connection Debenture
1. PROCESS
a. The property owner shall submit, in writing, an application to the Treasurer
requesting the Sanitary Sewer Connection Charge be debentured. Such
letter shall include the property owner's names and a description of the
property including the 911 address.
b. Staff shall calculate the annual repayment amount and provide notice to
the property owner of such amount to be collected annually.
c. 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 the 10-year Infrastructure Ontario rate.
Limited to the minimum of $5,000.00 and to the maximum of the total
connection fee.
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 November 30 of the following 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 sanitary
sewer 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
Municipality of West Elgin offering to redeem the debenture and
By-law #2024-42 Sanitary Sewer Connection Charge By-law Page 7
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.
By-law #2024-42 Sanitary Sewer Connection Charge By-law Page 8