THE CORPORATION OF THE COUNTY OF PRINCE EDWARD. BY-LAW No

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1 THE CORPORATION OF THE COUNTY OF PRINCE EDWARD BY-LAW No A BY-LAW TO IMPOSE WATER AND SANITARY SEWER CONNECTION CHARGES UPON THE OWNERS AND OCCUPANTS OF LAND WITHIN THE COUNTY OF PRINCE EDWARD FOR ALL CONNECTIONS TO MUNICIPALLY OPERATED WATER AND SANITARY SEWER WORKS. WHEREAS the Municipal Act, 2001, s.o. 2001, c.25, as amended, provides that a municipality may pass by-iaws respecting financial management of the municipality; AND WHEREAS the Municipal Act, 2001, s.o. 2001, c.25, as amended, provides that a municipality may pass by-laws imposing fees or charges on any class of persons, for services or activities provided or done by or on behalf of it, for costs payable by it for services or activities provided, and for the use of its property including property under its control; AND WHEREAS the Municipal Act, 2001, s.o. 2001, C 25, as amended, provides that a fee or charge imposed for capital costs related to services or activities may be imposed on persons not receiving an immediate benefit from the service or activities but who will receive a benefit at some later point in time; AND WHEREAS the Council of the Corporation of the County of Prince Edward wishes to establish connection charges to recover the capital costs related to the installation of wa}er and sanitary sewer services for all new connections to all municipally owned water and sanitary sewer systems throughout the County; NOW THEREFORE, the Council of the Corporation of the County of Prince Edward enacts as follows: DEFINIT?ONS: 1. For purposes of this by-iaw, (a) "Affordable Housing Unit" means any single detached dwelling with more that two bedrooms for which the purchase price is a least 25% less than the average purchase price for a single detached dwelling in the County of Prince Edward as determined by the Chief Building Official in the same manner as for development charges on the basis of information compiled by the Quinte Real Estate Board or its successor; (b) "Apartment Dwelling" means any building containing more than two dwelling units where the units are accessed through an interior corridor; 1

(c) "Bedroom" means a habitable room which can be used as sleeping quarters, but does not include a bathroom, living room, dining room or kitchen; (d) "Connection Charge" means a charge imposed with

2 (c) "Bedroom" means a habitable room which can be used as sleeping quarters, but does not include a bathroom, living room, dining room or kitchen; (d) "Connection Charge" means a charge imposed with respect to this By-law; (e) "Council" means the Council of the County of Prince Edward; (f) "Dwelling Unit" means an arrangement of one or more habitable rooms with its own private entrance containing sleeping, food preparation and sanitary facilities occupied or capable of being occupied by an individual or individuals as an independent and separate housekeeping unit and provided for the use of such individual or individuals, but does not include a Park Model Trailer conforming to National Standard of Canada CAN CSA-Z or similar standard that is up to a maximum size of 50 square meters, tourist trailer, mobile camper trailer or tent; (g) "Gross Floor Area" means: (a) in the case of a residential building or structure, the total area of all floors above grade of a dwelling unit measured between the outside surfaces of exterior walls or between the outside surfaces of exterior walls and the centre Iine of party walls dividing the dwelling unit from any other dwelling unit or other portion of a building; and (b) in the case of a non-residential building or structure, or in the case of a mixed-use building or structure in respect of the non-residential portion thereof, the total area of all building floors above or below grade measured between the outside surfaces of the exterior walls, or between the outside surfaces of exterior walls and the centre Iine of party walls dividing a nonresidential use and a residential use, except for: (i) a room or enclosed area within the building or structure above or below that is used exclusively for the accommodation of heating, cooling, ventilating, electrical, mechanical or telecommunications equipment that service the building; (ii) Ioading facilities above or below grade; and (iii) a part of the building or structure below grade that is used for the parking of motor vehicles or for storage or other accessory use; (h) "Local Services" means those services, pipes, fixtures, facilities or things which may ultimately be under the jurisdiction of the Municipality but are not included in the connection charge calculation and are deemed in nature to be used for the purpose of supplying any premises in the County with municipal 2

3 water or sanitary sewage service and are further described on Schedule A to this By-Iaw; (i) "Multiple Dwelling" means a building containing residential dwelling units other than a single-detached, semi-detached or apartment dwelling; (j) "Municipality" means the Corporation of the County of Prince Edward; (k) "Non-Residential" means a building or structure of any kind whatsoever used, designed or intended to be used for other than a residential use; (l) "Residential" means land, buildings or structures or portions thereof used, designed, or intended to be used principally (or primarily) as Iiving accommodation for one or more individuals; (m) "Semi-detached Dwelling" means a building consisting of two residential dwelling units having one vertical wall or one horizontal wall between the residential dwelling units; (n) "Single Detached Dwelling" means a building consisting of one residential dwelling unit and not attached to another structure; (o) "Water Works" shall mean any works owned by the Municipality and operated by the Municipality or by others under agreement for the collection, production, treatment, storage, supply and distribution of water, or any part of such works, but does not include plumbing as defined within the Building Code Act, as amended; and (p) "Sanitary Sewer Works" shall mean any works owned by the Municipality and operated by the Municipality or by others under agreement for the collection, treatment, and disposal of waste, or any part of such works, but does not include plumbing as defined within the Building Code Act, as amended. Part 2 DEVELOPMENT OF WATER AND SANITARY SEWER CONNECTION CHARGES 2.I TheWaterandSanitarySewerConnectionChargescontainedinthisBy-laware approved and imposed commencing July 1, The connection charges imposed by this By-Iaw are due and payable no Iater than issuance of a building permit. 2.3 Notwithstanding the above, any landowner who can provide satisfactory evidence of having previously paid, or contracted to pay, a predecessor connection charge, or it's equivalent, pursuant to a By-Iaw of the County or one of its prior municipalities, shall 3

4 be exempt from payment of the connection charge under this By-law. Such exemption is limited to the connection charge alone, and does not apply in respect of the placement of Iocal services. 2.4 The exemption provided in Section 2.3 does not apply in respect of re-development of the lands if the re-development would increase the need for services beyond that in existence at the date of enactment of this By-law. In such circumstances any previously prepaid connection charge, or its equivalent, shall be treated as a credit towards the payment of the connection charge required by this By-Iaw. 2.5 The connection charges imposed by this By-law are not development charges as defined in the Development Charges Act, 1997, s.o c.27 and its regulations or as implemented under By-Iaw No , a By-Iaw for the Imposition of Development Charges, as amended by By-Iaw No and By-Iaw No The connection charges contained in this By-law apply to all connections made to municipal water works and sanitary sewer works. 2.7 Landowners are responsible to provide at their sole cost those local services which are not included in the connection charge calculation and are further described on Schedule A attached hereto. The provision of local services may be related to approvals under the Planning Act or the Building Code Act, as amended, or any successor thereof. Nothing in this By-law prevents Council from requiring, as a condition of an approval under the Planning Act, or the Building Code Act that the owner, at his or her own expense, install such other local services as Council may require, or that the owner pay for local connections to facilities previously installed by others. 4

5 l l Part 3 CONNECTION CHARGES 3.I WaterandSanitarySewerConnectionChargesforResidentialconnectionstothe Municipality's Water and Sanitary Sewer Works for the years 2017 to 2021 inclusive shall be charged as per Table 1 below: r Description / Year Single and Semi-detached Dwelling (>2 bedrooms) Water Connection Charge Sanitary Sewer Connection Charge per Dwelling Unit Single and Semi-Detached Dwelling (< 2 bedrooms) Water Connection Charge Sanitary Sewer Connection Charge per Dwelling Unit Apartment Dwelling (> 2 bedrooms) VVater Connection Charge Sanitary Sewer Connection Charge per Dwelling Unit Apartment Dwelling (< 2 bedrooms) Water Connection Charge Sanitaiy Sewer Connection Charge per Dwelling Unit Other Multiple Dwelling Water Connection Charge Sanitary Sewer Connection Charge per Dwelling Unit TABLE 1 July 1 i Jan i 2018 $3,937 [ $10,339 $2,766 [ $7,264 $3,161 J $8,302 $2,181 J $5,727 $3,081 J $8,091 r Jan1. Jan l 2020 Jan Water and Sanitary Sewer Connection Charges for Commercial connections to the Municipality's Water and Sanitary Sewer Works effective July 1, 2017 shall be charged as per as per Table 2 below: Water Connection Charge Sanitary Sewer Connection Charge TABLE 2 r $t.97 $3.11 r Per square foot of Gross Floor Area Per square foot of Gross Floor Area s

3.3 Connection Charges for 2018 and subsequent years shall be based on the charges for 2017 in accordance with the Tables 1 and 2 as adjusted annually, without amendment to this By-Iaw, in accordance

6 3.3 Connection Charges for 2018 and subsequent years shall be based on the charges for 2017 in accordance with the Tables 1 and 2 as adjusted annually, without amendment to this By-Iaw, in accordance with the Statistics Canada Quarterly, Construction Price Statistics Catalogue Number Part 4 AFFORDABLE HOUSING ADJUSTMENT 4.1 In this Part 4 "Affordable Housing Unit" means any residential dwelling unit for which the purchase price is at Ieast 25% less than the average purchase price for the same type of residential dwelling unit in the County of Prince Edward and any residential dwelling unit where the monthly rent is at or below the maximum affordable monthly rent amount established by the Residential Rental Standards Board for the Province of Ontario. 4.2 In determining the average purchase price for a residential dwelling unit in the County of Prince Edward for the purposes of paragraph 4.1 above, the average purchase price for the same type of residential dwelling unit will be calculated for the calendar year next preceding the calendar year in which the completed application for the building permit for the dwelling unit in question is received and shall be determined annually on the basis of information compiled by the Quinte Real Estate Board or its successor. 4.3 In determining the maximum affordable monthly rent for a residential dwelling unit in the County of Prince Edward for the purposes of paragraph 4.1 above, the maximum affordable monthly rent for the same type of residential dwelling unit will be calculated for the calendar year next preceding the calendar year in which the completed application for the building permit for the dwelling unit in question is received and shall be determined annually on the basis of information compiled by the Residential Rental Standards Board for the Province of Ontario. 4.4 The Connection Charge payable for a residential dwelling unit that qualifies as an Affordable Housing Unit in accordance with the definition as set out in subparagraph 1 above shall be equal to the Connection Charge otherwise payable pursuant to this Bylaw, less 30% of the calculated charge. 4.5 Despite the provisions of paragraph 4.4 above, the Connection Charge required by this By-law for a residential dwelling unit shall be paid prior to the issuance of the building permit in accordance with the provisions of this By-Iaw. 4.6 The person to whom the building permit was issued may upon completion of the initial sale or rental of a residential dwelling unit apply to the Chief Building Official for a reduction of the Connection Charge payable to the rate set out in paragraph 4.4 above and shall provide such documentary evidence as is satisfactory to the Chief Building 6

7 Official that the building qualifies as an Affordable Housing Unit as defined in paragraph 1 above. 4.7 Satisfactory documentary evidence that the building qualifies as an Affordable Housing Unit shall include, but not be limited to: (a) a copy of a Land Transfer Tax Affidavit duly executed in accordance with Section s (1.2) of the Land Transfer Tax Act; (b) a statement forming part of the electronic document as required by Section s (1.1 ) of the Land Transfer Tax Act; or (c) a Iease contract with the first tenant to occupy the residential dwelling unit. 4.8 Upon receiving an application for reduction of the Connection Charge in accordance with paragraph 4.6 of this By-law, and upon being satisfied that the building qualifies as an Affordable Housing Unit as defined in paragraph 4.1 above, the Chief Building Official may refund to the person to whom the building permit was originally issued a sum equal to the difference between the Connection Charge originally paid upon the issuance of the building permit and the Connection Charge originally paid less 30% as provided for in this By-Iaw. Part s PROCESS FOR OBTAINING A CONNECTION 5.1 Requests for new connections shall be made in writing to the County in a form and manner as is prescribed by County Policy in effect from time to time. Permission to connect to the Water and/or Sanitary Sewer systems is conditional on being granted service capacity allocation. The Municipality reserves unto itself the sole and unfettered discretion to approve or deny any request for a new connection to the Water and/or Sanitary Sewer systems. All requests for a new connection will be subject to the process outlined on Schedule "B" attached hereto. Part 6 NON-PAYMENT OF FEES AND CHARGES 6.1 The Water and Sanitary Sewer Connection Charges imposed under this By-Iaw on a person constitute a debt of the person to the Municipality. The Treasurer of the Municipality may add the charges imposed by this By-law to the tax roll for such owners' Iand within the Municipality. 7

8 Part 7 SEVERABILITY 7.1 If any section, clause or provision of this By-Iaw, including anything contained in the Schedules attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this By-law as a whole or any part thereof other than the section, clause or provision so declared to be invalid and it is hereby declared to be the intention of Council for the Municipality that all remaining sections, clauses or provisions of this By-Iaw shall remain in full force and effect until repealed, notwithstanding that one or more provisions thereof may have been declared invalid. Part 8 SHORT TITLE 8.1 TheshorttitleofthisBy-lawshallbethe"WaterandSanitarySewerConnection Charges By-Iaw". Part 9 EFFECTIVE DATE 9.1 This By-Iaw shall come into force and effect on the 1 s' day of July Partl0 REPEAL 10.I By-laws270l-2010, , lland l3areherebyrepealedupon this by-iaw coming into force and effect. Read a first, second and third time and finally passed this 27th day of June, l =w.,t Kim trite, Clerk '19. i J b,d;j Robert L. Quai f, ayor

9 THE CORPORATION OF THE COUNTY OF PRINCE EDWARD SCHEDULE 'A' OF BY-LAW No GUIDELINES FOR LANDOWNER EMPLACEMENT OF LOCAL SERVICES The following guidelines set out in general terms the size and nature of engineered infrastructure that is not included in the connection charge, and is therefore considered a local service, to be emplaced separately by landowners, pursuant to a development approval or agreement. The following policy guidelines are general principles only, and each situation is to be considered on its own merits having regard to, among other factors, the type of services required and the nature, type and location of the development and any existing and proposed development in the surrounding area. WATER WORKS 1. Watermains a) Watermains internal to the development 200 mm in diameter and smaller are considered to be a local service. b) Should the County request a watermain be sized above 200 mm diameter to service other growth, only the incremental cost of the increased pipe size may be considered for any potential reimbursement. c) Watermains of any size external to a development but required by a development to connect to an existing service watermain are considered to be a Iocal service. d) Watermains of any size required to connect a pumping station or reservoir servicing only the development are considered to be a Iocal service. 2. Booster Stations and Reservoirs a) New or expanded water booster pumping stations and reservoir projects servicing only the development are considered to be a local service. 3. Service Connections a) All components of the individual lot service connections from the watermain to the street line are a Iocal service, including the water Iot service shutoff valve. 9

10 The detailed engineering requirements of the above items are governed by the detailed engineering standards for the County. The above pipe sizes govern, unless the hydraulic conditions of a particular development require a different pipe size, in which case the minimum pipe size determined by such hydraulic conditions shall be the Iocal service. SANITARY SEWER WORKS 1. Sanitary Sewer Mains a) Sanitary Sewer mains internal to the development 200 mm in diameter and smaller are considered to be a local service. b) Should the County request a sewer be sized above 200 mm in diameter to service other growth, only the incremental cost of the increased pipe size may be considered for any potential reimbursement. c) Sanitary Sewer mains of any size required by a development to connect to an existing local trunk sewer main are considered to be a local service. d) Sanitary Sewer mains of any size required to connect a pumping station or treatment plant servicing only the development are considered to be a local SerVICe. 2. Pumping Stations a) New or expanded pumping stations internal or external servicing only the development are also considered to be Iocal services. 3. Service Connections a) All components of the individual lot service connections from the sewer main to the street line are a Iocal service, including the lot test fitting. The detailed engineering requirements of the above items are governed by the detailed engineering standards for the County. The above pipe sizes govern, unless the hydraulic conditions of a particular development require a different pipe size, in which case the minimum pipe size determined by such hydraulic conditions shall be the Iocal service. LAND ACQUIS?TION FOR WATER AND SANITARY SEWER WORKS Where required, Iand acquisition for Booster Stations, Pumping Stations and Reservoirs to the size required by the design of the facility, is to be provided by the developer as part of the development approval process. 10

11 THE CORPORATION OF THE COUNTY OF PRINCE EDWARD SCHEDULE 'B' OF BY-LAW No NEW SERVICE CONNECTIONS AND SERV?CING CAPACITY ALLOCATION COMMITMENTS The process for granting requests for new service connections is contingent upon the availability of sewage treatment and water treatment plant capacity being available at the time of the request, and only on the following basis; 1. Water or sewage treatment plant capacity will be allocated to a new connection upon payment of the Connection Charge(s) in full, and 2. the allocation of capacity being in accordance with the relevant County Policy in effect at the time of the request, and 3. there are no outstanding accounts to the County, and 4. a Building Permit has been issued for the connection under the Building Code Act. s. Notwithstanding the above, connection requests may be granted by a resolution passed by Council if such request is in the interest of the County, provided that all relevant Planning Act controls are in place to prohibit actual development of the lands until there is or will be adequate water or sewage treatment plant capacity reasonably available. 11

A By-Law for the Imposition of an Area-Specific Development Charge on the Cobourg East Community

By-law 2018-23 A By-Law for the Imposition of an Area-Specific Development Charge on the Cobourg East Community Whereas the County of Northumberland will experience growth through development and re-development