This is the exact embedded text of the captured official document.
Snapshot 35680a87a15e · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
BY-LAW NUMBER 171-2024
A BY-LAW TO IMPOSE STORMWATER CHARGES IN THE CITY OF WINDSOR
Passed the 25th day of November, 2024.
WHEREAS sections 8, 9 and 10 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, ("Municipal Act") authorize a municipality to pass by-laws necessary or desirable
for municipal purposes, and in particular paragraph 7 of subsection 10(2) authorizes by-
laws respecting services and things that the municipality is authorized to provide under
subsection (1);
AND WHEREAS subsection 391 of the Municipal Act provides that sections 9 and 10
of the Municipal Act authorize a municipality to impose fees or charges on any class of
persons for services or activities provided or done by or on behalf of the municipality and
for the use of the municipality's property, including property under its control;
AND WHEREAS subsection 398(2) of the Municipal Act authorizes the treasurer to
add fees and charges imposed by the municipality to the tax roll and collect them in the
same manner as municipal taxes;
AND WHEREAS section 436 of the Municipal Act, 2001 provides that a municipality
may pass by-laws providing that the municipality may enter on land at any reasonable
time for the purpose of carrying out inspections to determine compliance with its by-laws,
directions, orders and conditions of licences;
AND WHEREAS Ontario Regulation 581/06 made under the Municipal Act, provides
that where fees or charges imposed for the use of a sewage system are added to the tax roll,
such fees and charges have priority lien status; -
AND WHEREAS the City's Stormwater Drainage System is a sewage system as
defined in Ontario Regulation 581/06;
AND WHEREAS The Corporation of the City of Windsor (the "City") has constructed,
and is operating and maintaining a Stormwater Drainage System for the benefit of all
property owners in the City;
THEREFORE the Council of the Corporation of the City of Windsor enacts as follows:
DEFINITIONS
1.
In this By-law,
"Adjustment" means a process by which changes are made to information associated
with a given Stormwater Account.
"Appeal" means a process by which a person challenges information tha_t has been
associated to their Stormwater Account.
"Applicant" means the Property owner of a "Multi-Residential, Non-Residential and
Other" property that submits a Stormwater Charge credit application to the City .
-
"Billing Error" means an undercharge or overcharge caused by a gross or manifest
error in the preparation or determination of the Stormwater Charge for a property that
is clerical or factual in nature, including the transposition of figures, a typographical
error or similar errors.
"By-law" means this Stormwater Charge By-law;
"City" means The Corporation of the City of Windsor or where the context requires
the geographical jurisdiction of The Corporation of the City of Windsor.
"Combined sewer" means a sewer intended to function simultaneously as a Storm
Sewer and a Sanitary Sewer.
"Complete Application" means the applicant has submitted all required forms,
documents and answered all questions on the application form to the satisfaction of
the City Engineer or designate(s).
"Council" means the municipal council of the City.
"Credit Program" means the City's program provided to reduce Stormwater
Charges for qualifying property owners who provide on-site stormwater management
measures and to recognize existing stormwater management measures already in
place that decrease the burden on the City's stormwater management infrastructure.
"ENWIN" means ENWIN Utilities Ltd. or its successors or affiliates.
"HST" means harmonized sales tax.
"Impervious Area" means paved or hard surfaces, disturbed or compacted soil
stripped of vegetation and other surfaces on a property which decrease the amount of
water that infiltrates into the ground, increasing stormwater runoff, but does not include
public road allowance, public highway, public alley, or any airport taxiways, runways,
or runway aprons.
"Material Change" means something that was not either expressly addressed by the
parties in the credit application process or that cannot be taken as having been in
their contemplation and results in a property no longer being in substantial
compliance with the objectives of the Credit Program, or the level of Stormwater
Charge credit approved, which shall include, but is not limited to, an alteration,
deficiency, or failure of the stormwater management structure.
"Multi-Residential, Non-Residential and Other property" means a Property that
contains three or more residential units and/or contains any non-residential use,
including an industrial, commercial, institutional, or mixed-use property.
"Overcharge" means an incorrect calculation of a Stormwater Charge associated with
a Stormwater Account which results in the Stormwater Charge being higher than it
otherwise would be if calculated correctly.
"Person" includes an individual, sole proprietorship, partnership, corporation,
municipal corporation, unincorporated association or organization, trust, and a natural
person in his or her capacity as trustee, executor, administrator, or other legal
representative;
"Property" means any real property.
"Property owner" means the registered owner of a Property.
"Residential Property" means a property that contains at least one, but not more
than two residential units.
"Sanitary Sewer" means a sewer for the collection and transmission of domestic,
commercial, institutional and industrial sewage, or any combination thereof.
"Storm Sewer" means a sewer for the collection and transmission of uncontaminated
water, stormwater, drainage from land or from a watercourse, or any combination
thereof.
"Stormwater Account" means the wastewater service customer account to which
charges for such services to a Property are invoiced.
"Stormwater Charge" means the City's stormwater rates, fees and charges listed in
Schedule "A" to this By-law.
"Stormwater Charge Credit" means a reduction in Stormwater Charges for certain
qualifying property owners issued under the Credit Program.
"Stormwater Charge Credit Application" means an application for a property to
participate in the Credit Program, which shall be in a form approved by the City's
Supervisor of Right-of-Way Programs.
"Stormwater Drainage System" means any system owned or operated by the City
for the collection, transmission, treatment or disposal of Stormwater or any part of
such system and includes any Storm Sewer or Combined Sewer maintained by the
Corporation.
"Stormwater Mnagement Structure" means a permanent physical device or
practice that is installed to capture, manage, and/or treat stormwater to reduce
flooding, prevent erosion, and/or improve water quality.
"Undercharge" means an incorrect calculation of a Stormwater Charge associated
with a Stormwater Account which results in the Stormwater Charge being lower than it
otherwise would be if calculated correctly.
SCOPE
2.
A Stormwater Charge shall be imposed upon all Property Owners in the City in
accordance with Schedule "A", which Stormwater charge is based on the amount
of Impervious Area and Property sizes and types.
3.
Council hereby establishes the Stormwater Charges as set out in Schedule "A"
Stormwater Charges will be subject to the HST where applicable. ENWIN is
authorized and shall have the responsibility for the billing and collection/receivables
processing related to Stormwater Charges, which shall occur in accordance with
ENWIN's standard billing, collection schedule, and procedures.
4.
Where construction on a Property creates new Impervious Area, the newly created
Impervious Area shall be included in the calculation of the Stormwater Charge for
that property commencing on the earlier of:
(a) The date the improvement to which the Impervious Area relates, or a
substantial part thereof, is ready for use or is being used for the purposes
intended; or
(b) Two (2) years from the date the new Impervious Area first appears.
-
CREDIT PROGRAM
5.
The Credit Program provides Property Owners of Multi-Residential, Non
Residential and Other property with the opportunity to receive a reduction to their
Stormwater Charge by implementing and maintaining stormwater management
structures or practices on their Property that decrease the burden on the City's
Stormwater Drainage System.
6.
Property Owners of Multi-Residential, Non-Residential and Otherproperty may
qualify for Stormwater Charge credits where such Property Owners can clearly
demonstrate to the City that their Stormwater Management Structures:
(1)
Exceed minimum regulatory requirements in place at the time of original
installation.
(2)
Are designed in accordance with a City-recognized standards such as the
Ontario Ministry of Environment, Conservation, and Parks Stormwater
Management Planning and Design Manual and Windsor/Essex Region
Stormwater Management Standards Manual.
(3)
Are fully maintained and operated by the Property Owner. Stormwater
Management Structures that have been assumed by the City for maintenance
are not eligible for credit.
7.
Additional qualifying criteria and categories of the Credit Program are outlined in
Schedule "B' hereto.
8.
To·participate in the Credit Program i Property Owners of Multi- Residential, Non-
Residential and Other property must submit a Stormwater Charge Credit
Application .. Stormwater Charge Credit Applications will be reviewed by, and
approved credit amounts will be determined by the Supervisor of Right-of-Way
Programs.
9.
Reductions to Stormwater Charges made as a result of the approval of a
Stormwater Charge Credit Application shall take effect in accordance with the
following schedule:
(1)
Stormwater charge Credit applications submitted prior to December 31, 2025:
Reductions that result from Stormwater Charge Credit applications which were
submitted prior to December 31, 2025 will be retroactive to the first date of billing
if the qualified Stormwater Management Structure came into service before
January 1, 2026, as determined by the Supervisor of Right-of-Way Programs.
(2)
Stormwater Charge Credit Applications submitted after January 1, 2026
Reductions that result from applications which were submitted on or after
January 1, 2026 will be retroactive up to the date the Supervisor of Right-of-
Way Programs receives the Complete Application or the date on which the
qualified Stormwater Management Structures came into service, as determined
by the Supervisor of Right-of-VVay Programs, whichever date is later.
10. Stormwater Charge Credits do not apply to any Property, or any portions of a
Property, that is exempt from the imposition of Stormwater Charges.
11. Stormwater Charge Credits shall be in effect for 20 years from the date of approval,
provided that the Stormwater Management =Structure continues to meet all eligibility
criteria and continues to be operated and maintained as designed and there is no
change of ownership of the Property.
12. Stormwater Charge Credits are not transferable to subsequent Property Owners of
-
the Property. New Property Owners are required to submit a new Stormwater
charge Credit application in order to be eligible for the Credit Program.
13. An updated Stormwater Charge Credit Application must be submitted to the City no
later than three (3) months after any Material Change. Any late submission of the
Stormwater Charge Credit application may result in a discontinuance of the current
Stormwater Charge Credit amount. The City may adjust (increase or decrease) the
current Stormwater Charge Credit amount.
14. A renewal Stormwater Charge Credit application must be submitted to the City no
later than six (6) months prior to the expiration date of the Stormwater Charge
Credit approval. Any late submission of the application may result in a
discontinuance of the current Stormwater Charge Credit amount. The City may
adjust (increase or decrease) the current Stormwater Charge Credit amount.
15. Stormwater Charge credits are applicable only where the Property Owner's
Stormwater Account with the City is in good standing.
16. Schedule "C" contains a list of exemptions for the Stormwater Charge established
herein.
ADMINISTRATION AND ENFORCEMENT
17. The Stormwater Charge shall be included in the Property Owner's utility bill as
issued by ENWIN and identified separately as a stormwater charge (the "Invoice").
The Stormwater Charge annual rate shall be prorated, as necessary, to match the
billing period of the Invoice.
18. The Invoice will be deemed to have been received:
a. if sent by mail, on the third day after the date on which the bill was printed; or
b. if made available on the internet or sent by email, on the date on which an e-mail
is sent to the property owner notifying them that the bill is available for viewing.
19. Where an Invoice has been issued for a period, but does not capture all the
impervious area on a property during the original billing period, the City or ENWIN
may, in future Invoices retroactively apply the Stormwater Charge to the Property
Owners back until the date the Impervious Area in question was first present on the
Property (subject to section 6 above) or two (2) years from the date of the Invoice,
whichever date is later. Nothing in this section shall operate to allow a Stormwater
Charge under this By-law to apply for a period that is prior to this By-law coming
into effect.
20. Payment of all Stormwater Charges imposed by the City under this By-law is due
and payable upon issuance of the Invoice and every Property Owner in receipt of
such Invoice shall ensure payment thereof before the due date indicated thereon.
Stormwater Charge credits under the Credit Program will be processed and
reflected on the Invoice.
-
21. No person shall be entitled to any discounts for the early payment of any
Stormwater Charge under this By-law.
22. The Stormwater Charges imposed under this By-law constitute a debt of the
Property Owner to the City and the City may add stormwater Charges to the tax roll
of the Property associated with the relevant Stormwater Account and collect them
in the same manner as municipal taxes. Such Stormwater Charges have priority
lien status as described ins. 1 of the Municipal Act.
23. The Supervisor of Right-of-Way Programs shall have delegated authority and is
authorized to:
(1)
approve or reject any application submitted for Stormwater Charge credit or
update or renewal of said credit;
(2)
impose such terms and conditions to any application under this By-law as
the Supervisor of Right-of-Way Programs considers appropriate;
(3)
determine and decide any Appeal under the By-law;
and that the decision of the Supervisor of Right-of-Way Programs shall be final and
binding.
24. ENWIN shall have delegated authority and is authorized to adjust the Stormwater
Charge on any Property, to the extent it is deemed appropriate due to a Billing
Error, and the account may be retroactively recalculated for a period not exceeding
two (2) years from the date of detection of the Billing Error with resulting credits or
charges being applied to the Property Owner's Stormwater Account, and the
decision of ENWIN shall be final and binding. To the extent of any conflict between
this section and section 20 of this By-law, Section 20 of this By-law shall prevail.
25. Notwithstanding any other section of this By-law, the City reserves the right to
conduct site inspections and may, at any reasonable time, enter and inspect any
property, to review eligibility and may suspend, reduce or cancel credits if the
approved Stormwater Management Structures on the Property no longer meet the
performance criteria as documented in the Stormwater Charge Credit Application or
the credit update or renewal application and/or its supporting documentation and/or
the terms and conditions for the Stormwater Charge Credit approval, update or
renewal.
26. A Stormwater Charge Credit may be suspended, reduced or cancelled by the City
under the following circumstances:
(1)
failure of an applicable Property Owner to make Stormwater Charge
payments as invoiced by ENWIN;
(2)
failure of an applicable Property Owner to meet the terms and conditions of
the credit approval;
(3)
submission of inaccurate or false information by the Applicant;
(4)
failure of the Applicant to maintain a Stormwater Management Structure as
required by the terms and conditions of the credit approval;
-
(5)
failure of a Stormwater Management Structure to operate or meet the
performance criteria as documented in the Applicant's Stormwater Charge
Credit Application or credit update or renewal application and/or its supporting
documentation and/or the terms and conditions for the Stormwater Charge
Credit approval, update or renewal; or,
(6)
failure to submit a complete Stormwater Charge Credit renewal application.
27. A reduction or cancellation of a Stormwater Charge Credit may be appealed by the
Applicant by application to the Supervisor of Right-of-Way Programs. The decision
of the Supervisor of Right-of-Way Programs shall be considered final and binding.
28. Where the City determines that a Stormwater Management Structure is in a state of
disrepair or no longer functions as approved, the Applicant shall reimburse to the
City the entire amount of the credit received in respect of the Property since the
date that the application was approved, updated or renewed or since the last
inspection by the City, whichever is later. If the credit has been cancelled, the
Applicant may not re-apply for a credit for a period of twelve (12) months.
--
APPEALS
29. An Appiicant will not be required to pay a service fee for any of the following Appeals:
APPEAL
CATEGORY
EXPLANATION
Inaccurate
Stormwater Charge
Assessment
A. Incorrect
category
The property has been incorrectly
identified as "residential" or "multi-
residential, non-residential or other"
property type.
B. Inaccurate
impervious area
assessment
The total Impervious Area
assessment is or is not accurate.
Incorrect
Stormwater
Reductions
A. Eligibility for
Credit
. A Property may or may not apply for
credit.s.
B. Amount
of Credit
The amount of credit approved for an
applicant's Property is or is not
appropriate.
30. The filing of a Appeal does not stay the requirement for payment of a Stormwater
Charge. Any Stormwater Charge billed during the course of the Appeal will be due and
payable upon receipt and remain subject to ENWIN's standard collection processes.
31. Adjustments made as a result of an Appeal shall take effect in accordance with the
following schedule:
(1)
Appeals within first year of Credit Program: Adjustments that result from
Appeals which were received on or before December 31, 2025 will be
retroactive up to first date of the first billing period (i.e. January 1, 2025).
(2)
Appeals from January 1, 2026 onward: Adjustments that result from Appeals
which were received on or after January 1, 2026 will be retroactive up to the
date of receipt of the Complete Application for the Appeal by the Supervisor of
Right-of-Way Programs.
(3)
Notwithstanding subsections (1) and (2) above, any Adjustment as a result
.of a credit update application will be retroactive up to the date of the subject
Material Change as determined by the City. Where the change results in an
increased credit, the additional amount will be retroactive up to a maximum
period of twelve (12) months.
(4)
Notwithstanding subsections (1) and (2) above, any Adjustment as a result
of all other appeals as defined above will be retroactive up to the date of the
subject Material Change as determined by the City. Where the change
results in a change in the fee, the additional amount will be retroactive up to
a maximum period of six (6) months.
32. An Applicant will be contacted within ten (10) business days of submitting a request to
acknowledge receipt of the appeal, subject to the volume of requests received by the
City. The Supervisor of Right-of-Way Programs may require further information from
the Applicant in order to complete the review.
33. Stormwater Charge assessments may be revised in either of the following instances:
(i) an external adjustment arising from an update to the assessment from an Appeal
(including Requests for Review of Stormwater Charge Assessment), or (ii) an internal
adjustment whereby the City may revise, modify or amend a Stormwater Charge
assessment, legal exemption or credit. These include:
(1)
Routine Geomatics data maintenance resulting from annual update to aerial
imagery;
(2)
Targeted review and update of assessments of properties which are
undertaking a redevelopment, rezoning, or other process through City's
Planning & Building Department;
(3)
Routine updates to Municipal Property Assessment Corporation's assessment
data; and
(4)
Audits/inspections of properties receiving credit for on-site best management
practices.
-
Revised Stormwater Charges may result in charges being applied retroactively in
accordance with Section 19 of this By-law.
34. Appeals will follow the appeal process as set out in Schedule "D" to this By-law.
GENERAL
35. Schedules "A" and "B", "C", and "D" shall form and be an integral part of this By-law.
36. Should any part of this By-law, including any part of Schedule "A" or Schedule "B" or
Schedule "C" or Schedule "D", be determined by a court of competent jurisdiction to
be invalid or of no force and effect, it is the stated intention of Council that such invalid
part of the By-law shall be severable and that the remainder of this By-law, including
.,,the remainder of Schedules "A" and "B" and "C" and "D", as applicable, shall continue
to operate and to be in force and effect.
-
37. Vl/ords importing the singular number shall include the plural, and words importing the
masculine gender shall include the feminine, and the converse of the foregoing also
applies, unless the context of the By-law otherwise requires.
38. Any decision or determination required to be made by the City or any official of the
City under this By-law shall be made in the sole and absolute discretion of the City or
the City official.
39. This By-law shall be known as the "Stormwater Charge By-Law".
40. This By-law shall come into force and effect on January 1, 2025.
First Reading
- November 25, 2024
Second Reading - November 25, 2024
Third Reading
- November 25, 2024
CITY CLERK
--
SCHEDULE "A"
TO BY-LAW 171-2024
STORMWATER CHARGE RATE
Residential
Stormwater Charge (Annual Rate}
Tier 1 Small
(27 - 200 square meters of impervious area)
$ 270.00
Tier 2 Medium
(201 - 325 sauare meters of impervious area)
$ 338.00
Tier 3 Large
(greater than 325 square meters of impervious
area)
$ 406.00
Multi-Residential, Non-Residential & Other
Stormwater Fee Structure (Annual Rate}
Stormwater Charge Rate
$ 1.26 per square meter of impervious area
SCHEDULE "B"
TO BY-LAW 171-2024
CREDIT PROGRAM
The Credit Program has been designed to provide a Stormwater Charge reduction to
property owners of "Multi-Residential. Non-Residential and Other" property whose
Stormwater Management Structures and practices provide a direct benefit to the City's
Stormwater Management program.
A Stormwater Credit Schedule has been developed as set out in Table 1 to this
Schedule "B" with three categories and credit amounts that represent the objectives
and relative expenditures of the portion of the City's Stormwater Management program,
which is funded by the Stormwater Charge. The maximum total credit available for one
property is a combined 50%. Further Detailed Evaluation Criteria used in assessing
and calculating the credit is further provided in this Schedule.
There are two types of Stormwater Charge Credits available to property owners:
Structural Control Credit for the installation, operation and maintenance of physical
Stormwater Management Structures that control and/or treat runoff from impervious
(hard) area on the property; and Direct Discharge Credit for the installation, operation,
and maintenance of Stormwater Conveyance Infrastructure that captures runoff from
impervious area on the property and discharges it directly to the Detroit River or Lake
St. Clair.
-
The term"practice" is used to reference creditable Stormwater Management Structures
and Stormwater Conveyance lnfrastrue:ture.
1. Structural Control Credit
The Structural Control credit amount is based on how well Stormwater Management
Structures on a Property achieve the performance criteria in Table 1. The level of
control required to achieve credit depends on whether the project controls stormwater
runoff from existing Impervious Areas or controls stormwater runoff from new or
expanded Impervious Areas associated with a new development/site expansion:
-
Voluntary Control of Existing Impervious Surface: No new Impervious Area is
proposed. The Property Owner controls stormwater runoff from existing
Impervious Area above requirements at the time of initial development (structures
that have already been installed) or above existing conditions (new structures).
-
New Development/Site Expansion: New Impervious Area is created as part of
new development or a site expansion. Control is required by regulation, but the
Property Owner voluntarily enhances control above local minimum standards.
Credit is not available for controlling off-site Impervious Area for which the property
owner is not assessed a stormwater fee.
Table 1 - Structural Control Credit Schedule
Peak Flow
Reduction
Percentage reduction of
100-year peak flow from
the contributing
Impervious Area to pre-
development conditions.
Allowable peak flow for Up to
the site reduced by 10% to 40%
40% during the 100-year
and Climate Change 150
mm events.
0-
-f
- :::,- -
0)
0) 0
:::s -
0, :::s
oO
3
0
""'I
CD
Runoff
Volume
Reduction
Percentage reduction of
runoff volume from the
contributing Impervious
Percentage of capture for Up to
the first 0.03 m to 0.05 m 40%
of rainfall during a single
=
Area through capture of
the first 0.015 metre (m) to
0.03 m of rainfall during a
single rain event.
1
rain event for the site.
Water
Quality
Treatment
Improve water quality
controls (or implement
new controls where none
exist) to an enhanced
level of treatment (80%
Total Suspended Solids
(TSS) removal).
Design water quality
controls for the site to an
enhanced level of
treatment (80% TSS
removal); or, exceed the
minimum Regional SWM
Standard at the time of
design for new
development or site
expansion areas where no
quality control currently
exists.
Up to
10%
Note: Peak Flow Reduction Category: Voluntary Control of Existing Impervious Area to
consult with the City at the pre-consultation stage to confirm the storm event target to be
used for pre-development peak flows.
The City reserves the right to modify the Credit Program or to eliminate the Credit
Program altogether.· The City will honor credit, subject to the Credit Program at the time
of approval, to a property owner for a minimum of twenty (20) years provided that the
practice continues to be operated and maintained as designed.
Detailed Evaluation Criteria
The following calculations are used to determine the credit amount depending on
whether the site currently has Stormwater Management Structures in place to control
existing Impervious Area or new Impervious Area as part of a new development/site
expansion.
Peak Flow Reduction - Voluntary Control of Existing Impervious Surface
The amount of credit, up to 40%, is based on how well the 100-year post-development
flow from Impervious Areas is controlled compared to the estimated pre-development
condition flows based on the target control storm event approved by the City. A runoff
co-efficient of 0.25 (or an impervious area equal to 0%) is used to establish pre-
development conditions. Calculations should reflect only the Impervious Area controlled
by Stormwater Management Structures.
-
Existing = Existing flow from Impervious Area in Lis (Litres per second)
o To account for an existing Stormwater Management Structure that controls
stormwater beyond minimum requirements at the time of installation,
increase flow by that amount (e.g., if the calculated existing flow is 100 Lis
but would have been 110 Lis without control beyond minimum
requirements, then use 110 Lis for the calculation)
-
Pre-development = Flow from Impervious Area using 0.25 runoff co-efficient in Lis
-
Proposed Voluntary= Flow from Impervious Area based on new Stormwater
Management Structure or new enhancement to existing structure in Lis
existi:ng - proposed vo{untarv
-----------*40%
% credit
existing - predevelopment
The percent of credit is applied to the Stormwater Charge generated by the Impervious
Area controlled by Stormwater Management Structures.
Peak Flow Reduction - New Development/Site Expansion
The amount of credit, up to 40%, is based on reducing the allowable peak flow for the
entire site by between 10% and 40% during the 100-year and Climate Change 150 mm
events, where the credit is calculated as the average reduction value between the two
events. The site is defined as the geographic area required to meet the City's
stormwater management requirements at the time of development/expansion. Credit is
based on the reduction amount, with 10% credit for a reduction of 10% up to 40% credit
for a reduction of 40%. Calculations apply to all Impervious Areas on the site.
-
Percent Reduction = Allowable peak flow reduction percentage
percent reduction (max 40, min 10) =%credit
The percent credit is applied to the Stormwater Charge generated by the site.
Runoff Volume Reduction - Voluntary Control of Existing Impervious Area
The amount of credit, up to 40%, is based on how much volume of stormwater runoff
from Impervious Areas can be retained or re-used on the site at the onset of a storm
event. Credit is scaled depending on the reduction amount. No credit is provided for
less than a 0.015 m reduction of volume falling over the area from any single storm
event. Full credit is provided for a 0.03 m reduction or greater of volume over the area.
The Property Owner may take credit for existing stormwater detention or volumetric re-
use controls that go beyond minimum regulatory requirements. Calculations should
reflect only the Impervious Areas where volumetric controls are proposed
rainfall (m)* inipervio·its area.(m2) = volume reducti.on (m3)
-
Existing= Existing runoff reduced (m3) from Impervious Area beyond the minimum
requirements based on the proposed mm rainfall target.
o For example, if existing initial volume runoff reduced from the site is during
the first 0.01 metre (m) of a storm event, however it would have been 0.005
m without detention volume controls beyond the minimum requirements,
then use 0.005 m for the calculation.
-
Proposed Voluntary= Proposed runoff reduced (m3) from Impervious Area by new
detention or re-use systems, or an enhancement to the existing system in mm.
( existi-ng m3 + proposed voluntary m3 )- min volume reductionm3
ma'\:volume reductionm3
- min volume reductionm3
,;,: 40% =%credit
Note: The applicant must also provide accompanying calculations of existing and
proposed runoff volumes (m3) from the Impervious Area based on the rainfall target and
the expected reduction off the site. The above equation is to be used as a general
summary of runoff reduction for credit review.
The percent of credit is applied to the Stormwater Charge generated by the Impervious
Area controlled by Stormwater Management Structures.
Runoff Volume Reduction - New Development/Site Expansion
The amount of credit, up to 40%, is based on how much volume of stormwater runoff
from the entire site can be retained or re-used at the onset of a storm event. The site is
defined as the geographic area required to meet the City's stormwater management
requirements at the time of development/expansion. Credit is scaled depending on the
reduction amount. No credit is provided for less than a 0.03 m reduction of volume
falling over the area from any single storm event. Full credit is provided for a 0.05 m
reduction or greater of volume over the area. Calculations apply to all Impervious Areas
on the site.
rainfall (m) * impervious area (m2) = volume reduction (m3)
-
Proposed = Proposed runoff reduced (m3) by new stormwater detention or re-use
systems from the entire site in mm
(proposed m3) - min volume reduction m3
.
ma.x volume reduction m3
*40% =%credit
- ruin volume reduction m"
Note: The applicant must a/so provide accompanying calculations of existing and
proposed runoff volumes (m3) from the impervious area based on the rainfall target and
the expected reduction off the site. The above equation is to be used as a general
summary of runoff reduction for credit review.
The percent credit is applied to the Stormwater Chargegenerated by the site.
Water Quality Treatment
The amount of credit, up to 10%, is based on achieving enhanced water quality levels
(80% removal of Total Suspended Soils) in accordance with the MECP Stormwater
Management Planning and Design Manual. There is no credit for a structure that does
not achieve enhanced water quality treatment.
For voluntary control of existing Impervious Area, the 10% credit is applied to the
Stormwater Charge generated by the impervious area controlled by Stormwater
Management Structures.
For a new development/site expansion, the entire site must meet the enhanced level of
treatment. The 10% credit is applied to all Impervious Areas on the site.
2. Direct Discharge Credit
The Direct Discharge credit is applicable to Multi-Residential and Non-Residential
properties directly adjacent to Detroit River or Lake St. Clair. This credit is granted for
the installation, operation, and maintenance of private Stormwater Conveyance
Infrastructure that captures stormwater from Impervious Area on a Property and
discharges it directly to Detroit River or Lake St. Clair. Stormwater Conveyance
Infrastructure may include but is not limited to curbs, gutters, swales, ditches, inlets,
depressed areas, soakaway pits, infiltration trenches, retaining walls, manholes, storm
sewer pipes, and outfalls. The stormwater runoff from area of the site subject to the
Direct Discharge may not at any point enter the City of Windsor municipal Stormwater
Drainage System.
-
The Property Owner must demonstrate that runoff from the Impervious Area will be
conveyed directly to Detroit River or Lake St. Clair and that flow restrictions and storage
requirements are not (or would not be) required in general accordance with the
specifications in the Windsor/Essex Region Stormwater Manual. If a direct discharge
credit is given to a portion of land, then that portion of land is not eligible for a Runoff
Volume Reduction or Peak Flow Reduction credit.
For Properties with an existing City-approved Stormwater Management Report, the
Stormwater Management Report may be used t0 satisfy this requirement. A site
servicing drawing/lot grading plan may be requested if it does not form part of the
approved Stormwater Management Report. For Properties without a City-approved
Stormwater Management Report, the Property Owner must submit a Stormwater
Management Report to the City's satisfaction.
Credit is not available for controlling off-site Impervious Area for which the Property
Owner is not assessed a Stormwater Charge. Refer to Table 2 for the Direct Discharge
Credit Schedule.
Table 2 - Direct Discharge Credit Schedule
Direct
Demonstrate, through a City-approved Stormwater
Up to
Discharge
Management Report, that no flow restrictions or
40%
storage is required in accordance with the Windsor
Essex Region Stormwater Manual. If a Direct
Discharge Credit is given to a portion of land, then
that portion of land is not eligible for a Runoff Volume
Reduction or Peak Flow Reduction credit.
Water
Improve water quality
Design water quality
Up to
Total
Quality
Treatment
controls (or implement
new controls where none
controls for the site to an
enhanced level of
10%
of no
more
exist) to an enhanced
treatment (80% TSS
than
level of treatment (80%
removal); or, exceed the
50%
Total Suspended Solids
minimum Regional SWM
(TSS) removal).
Standard at the time of
design for new
development or site
expansion areas where
no quality control.
currently exists.
SCHEDULE "C"
TO BY-LAW 171-2024
EXEMPT PROPERTIES
1. District School Board and School Authorities pursuant to Section 58 of the
Education Act, R.S.O., 1990.
-
SCHEDULE "D"
TO BY-LAW 171-2024
APPEAL OUTLINE
Challenge Types
Appeal
Mechanism
Decision Making Authority
Level 1 Appeal
Level 2 Appeal
1. Inaccurate
Stormwater
Charge
!Assessment
A. Incorrect Category
(Whether the Property has been
incorrectly identified as
"Residential" or "Multi-
Residential, Non-Residential or
Other" property type)
:An appellant
must file a
Request for
Review of
Stormwater
Charge
:Assessment
The outcome of all Appeals
will first be decided by the
Supervisor of Right-Of-Way
Programs or designate(s).
Decision may require
further information from the
appellant and/or
consultation with staff in
other sections.
Appellants who are
unsatisfied may Appeal the
decision, where applicable,
as indicated in the next
column.
Not applicable
B. Inaccurate Impervious Area
assessment
(Whether the total impervious
area assessed is accuratel
City Engineer and/or any
desii:inate(s)
2. Incorrect
Storrnwater
Reductions
A. Eligibility for Credit
("Multi-Residential, Non-
Residential & Other" property
only: Whether a property is
eliQible for credit)
B. Amount of Credit
("Multi-Residential & Other"
property only: Whether the
amount of credit approved for an
applicant's Property is
appropriate)