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HomeMy WebLinkAbout04 055 expanded service area water e - e e THE CORPORATION OF THE MUNICIPALITY OF KINC A~!r' '~-"":r,:rCALED BY BYlAV NO. c::2oo õ-¡ (..0 DATE BY-LAW NO. 2004 - 55 BEING A BY-LAW TO ENACT RULES AND REGULATION FOR THE MAINTENANCE AND OPERATION OF, AND CONNECTI N TO, THE EXPANDED SERVICE AREA OF THE KINCARDINE WATER TREATMENT PLANT AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF WHEREAS the Council of the Municipality of Kincardine dee s it desirable to enact rules and regulations for the maintenance and operation 0 and connection to, a system of municipal water works for properties and highw ys contained in the Kincardine Water Treatment Plant Expanded Service Are as defined by Schedule "A" attached to this by-law, and for providing penalt es for violations thereof; AND WHEREAS the Municipal Act, 2001, S.D. 2001, c. 2 Section 11 (2) provides that lower-tier municipalities may pass by-laws withi the sphere of jurisdiction of water production, treatment, storage and distributi n; AND WHEREAS Section 326 of the Municipal Act, 2001, S O. 2001, c. 25, provides that a municipality may designate an area of the mu icipality in which the residents and property owners receive or will receive an dditional benefit from a prescribed special service that is not received in ot er areas of the municipality; AND WHEREAS Ontario Regulation 305/02 provides that water systems are one of the prescribed special services for the purposes of clause 326(1 )(a) of the Municipal Act, 2001, S.D. 2001 AND WHEREAS Section 391 of the Municipal Act, 2001, S O. 2001, c. 25, provides that a municipality may pass by-laws imposing charge on any class of persons for capital costs payable by it for water services whic will be provided by it; AND WHEREAS it is the policy of the Municipality of Kincard ne to provide for water and sewer contributions to capital funds; AND WHEREAS the Council of the Municipality of Kincar ine approved a schedule of 14 guiding principles in respect of the Expand d Service Area Kincardine Water Treatment and the Shoreline Tiverton Wa er Supply Class Environmental Assessment - Phase 1& 2 Summary Report a d Master Plan as amended; AND WHEREAS Section 396 (1) (a) of the Municipal Act 2001, S.D. 2001, c. 25, provides that a by-law passed under Part XII of the Act may p vide for interest charges and other penalties, including the payment of collect' n costs for fees and charges that are due and unpaid and (b) discounts and ther benefits for early payment of fees and charges; and (c) fees and charges that vary on any basis the municipality considers appropriate and specifies in th by-law. 2 Expanded Service Area Water By-law By-law No. 2004 - 55 NOW THEREFORE the Council of the Municipality of Kincardine ENACTS as follows: e DEFINITIONS 1. In this by-law: (a) (b) (c) (d) e (e) (f) "Benefiting landowners" shall mean the owners ofl thos~ properties in the Kincardine Water Treatment Plant Expande~ Service Area as defined in Schedule "A" which front or abut a i municipal water distribution system. , "Council" shall mean the Municipal Council of thF Municipality of Kincardine. . "E.R.U." shall mean Equivalent Residential Unit (with one E.R.U. being equal to a single detached dwelling). ! , "Ministry" shall mean the Ministry of Environment. I "Municipality" shall mean the Corporation of th~ Municipality of Kincardine. . "Person" shall mean and include any individual¡ firm, company, association, partnership, society, incorporated company or group, and wherever the singular is used herein shall alsq be construed as including the plural. (g) "Premises" shall mean the property being suppliedior to be supplied with water by means of an individual servicel pipe or by an individual connection to the water works system. ' (h) e (i) - "Private Water Service" shall mean the pipes andl fixtures used for the purpose of supplying any premises in the IMunicipality with water from the water works system established by the Municipality and situated between the street line in front of or abutting the premises so supplied and the premises. ; i "Water Purveyor" means the Public Works Manager of the Municipality of Kincardine and for the purpose of lexercising any of the powers or duties of the Public Works Manager under this by-law shall include any employees of the Munici~ality or agents authorized by the said Public Works Manager I to exercise any power or duty. ¡ G) "User" shall include, as the context requires the applicant for water supply, the owner or occupant of a premises and the person to whom invoices are sent for water supplied to a pr~mises. i (k) "Water Service" means all of the physical land mechanical equipment and devices utilized to fully and c0rT/pletely service a property with water from the water main to the curl¡! stop. (I) , , , 'Water Works System" includes any MuniCiPallY~OWned buildings, structures, plants, equipment, appurtenances, evices, conduits, intakes, outlets, underground pipelines and insta lations and other works designed for the production, treatment, transmission, distribution and storage of water and includes lan~s. e e e e 3 Expanded Service Area Water By-law By-law No. 2004 - 55 JURISDICTION 2. 3. The duties of the Water Purveyor shall be: (a) To enforce provisions ofthis by-law; (b) To supervise and inspect the construction of all water mains and water service connections; (c) To manage the Municipality's Water Works ~ystem; and (d) To perform such other duties as may be givþn to him/her by Council. . , , , The provisions, rules and regulations set out in this bY-~' w shall govem and regulate the operation of all components of the Mu icipality's Water Works System in the Kincardine Water Treatment Plant E panded Service Area and shall be deemed to form a part of the contr~ct between the Municipality and every Benefiting Owner for the supply f water by the Municipality to such premises, and every such owner b applying for or accepting a supply of water from the Municipality shall be eemed to have expressed their consent to be bound by the said provi$ions, rules and regulations. i APPLICATION FOR WATER SERVICE CONNECTION PERMIT , (a) No person shall make any connection to the Mun icipality's Water Works System without first having obtained a ~ermit from the Building Department, and such permit shall be call~d the "Plumbing Permit". 4. (b) No Plumbing Permit shall be issued until payment ~f Capital Costs, as per Schedule "B", has been received by the MunIcipality. , WATER SERVICE CONNECTIONS 5. i , No connection shall be made to the Municipality's water Work's System without the consent of the Water Purveyor. I , i Only persons employed by the Municipality or contractors ~pproved by the Water Purveyor shall install water service connections. : I The Water Purveyor shall determine the size of the pipes ~nd fittings to be connected to a water main, but no water service connecti n shall be less than 19 mm nominal diameter. The Water Purveyor shall also determine the position in the street where the water service con~ection may be connected to any water main. i 6. 7. i 8. (1) Acceptable materials for water service connection ~ipes up to and including 50 mm in intemal diameter are as follows: Soft Copper - Type "K" As provided for under Ontario Regulations. (2) Acceptable materials for water service connection p þes greater than 50 mm in intemal diameter are as follows: ' Poly Vinyl Chloride DR-18 or as approved by the W~ter Purveyor. e e e e 9. 4 Expanded Service Area Water By-law By-law No. 2004 - 55 All water service connections shall be at least 1.5 m b~low the finished grade of the street in which such services are laid or, if¡i at lesser depth, shall be properly protected from freezing to the satisfact on of the Water Purveyor. I, i PRIVATE WATER SERVICE CONNECTION 10. All private water services shall be Type "K" Soft Copp~r or Series 160 Polyethylene, minimum 19 mm diameter. The pipes andlfittings used for private water services shall conform in design, quality and all other respects to the standards prescribed by the Ontario Buildi?g Code. All private water services shall be laid at least 1.5 m b~Ow the finished grade of area through which they are installed, or, if at Ie ser depth, shall be properly protected from freezing to the satisfactio of the Water Purveyor. i The installation of all private water systems is the res~nsibility of the owners of the premises for which such private water servicrs are required. , The Municipality shall be given at least 48 hours notice þy the owner of the premises when the private water service has been laidland is ready for inspection. All works must be left uncovered and I convenient for examination until inspected and approved. No water ¡supply shall be tumed on until the work is inspected and approved by the ¡Water Purveyor or the Municipality's Plumbing Inspector. ! i The owner of any premises shall maintain in proper ordør and repair, at his/her own expense, the private water service and ~s fixtures and appurtenances. i ¡ Not more than one building shall be supplied from a single water service connection and, for the purposes of this by-law, a semi-d~tached dwelling unit shall be deemed to be a separate building. I I I It shall be improper and illegal to permit water supplied to I:j premises to be removed from the premises and used at any location ot~er than on the premises or to be used for any use or benefit of any persor other than the owner or occupier of a premises. I I Where a building occupies the frontage of a lot located in! a residentially- zoned (R1) area of the Municipality and buildings are locat~d in the rear of the said front building, all such buildings may be supplied ¡from one water service connection provided that all said buildings belon$ to one owner and such owner pays the water rates for all water s~pplied to such buildings. I I ! 18. In all cases where range or steam boilers are supplied r-vith water, the Municipality shall not be liable for any damage which meW result to any person, premises or equipment caused by the shutting qff of the water from any water main or service pipe for any purpose Wh~t oever, even in cases where no notice is given or where such damag is caused by uneven water pressure. All service pipe connections to iler'S shall have check valves fixed to prevent water escaping back into the mains and suitable relief valves to relieve excess pressure. 11. 12. 13. 14. 15. 16. 17. 19. Where the necessary water service connection and privl:jte water service have been completely installed to the satisfaction of the ~unicipality, and in compliance with the rules and regulations set out in Ithis by-law and Water Meter By-law No. 2004-28, as amended from tim~ to time, and all payments have been received by the Municipality, the water will be tumed on by the Water Purveyor or designate and the owner of the premises will be held liable for all water charges. ' I 20. There shall be no connection between the water servi~e connection or private water service and any cistems, wells, privies, i privy vaults or cesspools. I 21. Existing wells may be maintained provided there is no c~s-connection to the Municipality's Water Works System. ' 22. All abandoned wells shall be decommissioned by tre owners of the properties on which they are located, as per Ministry of Environment Regulations. I Every person who contravenes or causes or permits anYlcontravention of any of the provisions of this by-law is guilty of an offen<1 pursuant to the Provincial Offences Act for the Province of Ontario and Ion conviction is liable to a fine of not more than $5,000 exclusive of costs. ! e 23. e 24. 25. 5 Expanded Service Area Water By-law By-law No. 2004 - 55 I The Municipality shall endeavour to use reasonable dilig,nce in providing a regular and uninterrupted service, but does not guar~ntee a constant water supply or the maintenance of unvaried pressure, I and will not be liable for damages to the customer by reason of any fþilure in respect thereof. ' I The Municipality shall in no way be liable or respon$ible for loss or damage due to freezing or bursting pipes. CAPITAL COSTS, RESERVE FUNDS AND REGULATION~ GOVERNING CONNECTIONS . 26. Those properties and highways contained in the Kincardine Water Treatment Plant Expanded Service Area are defined y Schedule "A" which is attached to this by-law. I e 27. 28. All benefiting landowners shall be assessed caPital costs for the prescribed special service governed by this by-law, the estimated costs and payment of which are defined in Schedule "B" attach~d to this by-law. The final capital costs shall be calculated at the cqmpletion of the installation of the Municipality's Water Works System. . i The basis for calculating the capital costs for the pr~scribed special service govemed by this by-law as estimated in Sc~edule "B" for a premises shall be based upon the numbers and types lof uses and the number of E.R.U.'s existing on a premises and shall be ~alculated as per Schedule "C" attached to this by-law. ' i 29. The capital costs attributable to a premises may be paid 't any time by the benefiting landowners after the completion of the in tallation of the Municipality's Water Works System and the calculation b the Municipality of the final cost thereof. Payment of capital costs does not obligate the benefiting landowner to connect to the Municipal Water S pply. Operating charges for the provision of water shall become effecti only when the water service is connected to the premises. e e 30. 6 Expanded Service Area Water By-law By-law No. 2004 - 55 I I Prior to connection to the Municipality's Water Works S~stem, benefiting landowners shall pay a contribution to the Kincardine Wat~r Reserve Fund calculated on the basis of the date of the payment as setl out in Schedule "C" attached to this by-law. i Landowners on properties located on Municipal r private roads within the Kincardine Water Treatment Plant S rvice Area, as defined by Schedule "A", who request a supply of unicipal Water, must request that the Municipality conduct a su ey of all of the landowners on that road. In order for the proje to proceed, the survey must indicate that greater than 60% f the potential benefiting owners are in favour of a supply of m~niciPal water. If this threshold is met, it shall then be mandato for all potential benefiting landowners on that road to connect to he Municipality's Water Works System. ' 31. (a) e 32. 33. e 34. 35. 36. e 37. Payment by the benefiting owners on a road toL which municipal water services are extended as provided above Shrll be as follows: (i) Each benefiting owner shall pay an amou~based upon the date of commencement of constructio calculated in accordance with Schedules "B" and "C" a ched to this by- I la\!f.; i I Each benefiting owner shall pay a proportidnate share of the Municipality's actual cost of design and ~nstruction of the water distribution system, plus 10%; I I , ! (b) - or- (ii) whichever is greater. Where installation of water servicing is required on ;' rivate lands, the owners of the land shall grant an easement to the Mu icipality in a form satisfactory to the Water Purveyor at the owner's expen . Connection to the Municipal Water Works System is mandatory for benefiting landowners whose property is vacant at the ti e of the pipeline construction within the Kincardine Water Treatment Plant Expanded Service Area, as identified in Schedule "A". Payment of ontribution costs, as per Schedules "B" and "C", shall be required by landqwners prior to the issuing of a Building Permit for such lots. I ! I Lots severed after the date of this by-law shall be req~ired to connect to the Water Works System and shall pay a capital charg1 equal to year "0" plus CPI as per Schedules "S" and "C". ! I Should an existing well on a benefiting owner's properjty be damaged or unable to maintain a supply of potable water, connectiqn to the Municipal Wa~er Works System shall be mandatory (excluding prþperties zoned for agncultural use and zoned as A 1 or A2 as per Municipality of Kincardine By-law No. 2003 - 25). ! I I Future development of lots within the Kincardine Wat,r Treatment Plant Expanded Service Area shall comply with Municipality df Kincardine Policy No. PD.1.2 and POlicy No. PD.1.3. I I I (a) Should a situation arise which is not specificallJ addressed by this by-law, the Water Purveyor shall have the aú~hority to make an operational decision in order facilitate, respond to, consider or dismiss a landowner's request. ' e e e e 7 Expanded Service Area Water By-law By-law No. 2004 - 55 The landowner may appeal, within 15 days, the Water Purveyor's decision to the Municipality's Public Works Commi~e. I ¡ (c) The Water Purveyor shall endeavour to bring any [policy or by-law changes that he/she identifies as desirable to Cpuncil within 90 days of their identification. I ¡ 38. Schedules to this By-law form part of the By-law and m~y be amended from time to time. I I ! 38. This By-law shall come into full force and effect upon its fi~al passage. 39. This By-law may be cited as the "Expanded Service Area 't'ater By-law". READ a FIRST and SECOND time this 7th day of April 2004. READ a THIRD time and finally PASSED this 21st day of April, 2904. (b) _ß1l.. ~k M or Cle ---- --------- e e e e N w \.t, ~~~ " ~'" s 8 Expanded Service Area Water By-law By-law No. 2004 - 55 "SCt£DlA..E A" / / / ¡ "'...t~ ,/ ,0'l , ./ :' "'~'" / / " ''-':, ,..- ............/ .' E e e e e 9 Expanded Service Area Water By-law By-law No. 2004 - 55 SCHEDULE "B" "FINAL ESTIMATED COSTS" YEAR (DATE OF PAYMENT) PREMIUM % C APIT AL COST PER E.R.U. Year 0 I Julv 31, 2003 - December 31, 2004 0% I $5,750 Year 1 I Januarv 1, 2005 - December 31, 2005 25% 1$7,188 + CPI Year 2 ¡ Januarv 1, 2006 - December 31, 2006 30% ! $7,475 + CPI Year 3 I Januarv 1, 2007 - December 31, 2007 40% I $8,050 + CPI Year 4 - 7 i Januarv 1, 2008 - December 31, 2011 50% $8,625 + CPI Future Years Januarv 1, 2012 - thereafter 100% $11,500 + CPI FINAL COST TO BE CALCULATED AT COMPLETION OF ~ROJECT ¡ I ! The above table reflects the estimated capital costs per d.R.u. for the design and installation of the Municipality's Water Works Syste . The figures above are subject to adjustment based upon the actual costs in urred. The amount of the required payment shall increase over time in acc rdance with the dates set out in the table and the total cost payable for a premis s shall be based upon the date of payment and the total E.R.U.'s on that premis s. e e e e 10 Expanded Service Area Water By-law By-law No. 2004 - 55 SCHEDULE "C" ¡ The Capital Cost weighting for each premises shall be based on fhe following: Single Family Dwelling Unit Duplex Unit Multi-unit building unit Apartment unit Condominium unit Trailer Park unit Attributed No. of People/Unit 2.5 1.0 % of Single (ERU) 2.0 2.0 1.5 1.5 1.5 0.8 0.8 0.6 0.6 0.6 I.C.I. Group - Industrial, Commercial and Institutional capital cost contributions shall be individually calculated and imposed on a site specific ba$is through site plan control. I i The total capital cost payable for a premises shall be based upo~ the date of payment and the total E.R.U.'s on that premises in accordance ~ith the weighting set out above. The attributed number of people per unit are basf. on Provincial standards and are shown for illustrative purposes only. The E.R. . weighting shall be based on the percentages set out in the above table and shall not be dependent upon the actual number of people in a particular unit.