Local improvement by-law for sanitary sewer construction approved over property owner objections due to environmental necessity.
The City of Windsor applied to the Ontario Land Tribunal for approval of a by-law to authorize the construction of a sanitary sewer and private drain connections as a local improvement.
Several property owners objected due to the costs and the mandatory decommissioning of their existing septic systems.
The City provided expert evidence demonstrating the environmental necessity of the sewer to prevent contamination from failing septic systems and offered several financial concessions to the affected property owners.
The Tribunal found the by-law appropriate and justified, noting the environmental evidence was unchallenged, and approved the by-law.
OLTOntario Land TribunalOct 14, 2022