Stormwater Fee Credit Application

Participation in the Credit Program is by application only. If your application is incomplete or does not include all the required documentation, your application will not be processed and may be returned with a request for the outstanding information. Once your application has been deemed complete, you will be notified by email or letter. Stormwater credit applications will be reviewed by, and approved credit amounts will be determined by, the Development Services and Engineering Department. Notifications of decisions will be made by email.

Instructions

The Credit Application is made up of 9 sections: Sections 1-7 require basic information about the applicant, the site, and includes a description of application submission requirements. Section 8 lists the Terms and Conditions for the Award of Credits. This section must be read and understood. Section 9 requires the signature of the Applicant.

Section 1. Applicant Information

This section below must be filled out by the registered property owner and agent for any other registered owner(s) or by the authorized agent for all registered owners (herein referred to as the “Applicant”)

Section 2. Contact Information

Section 3. Site Information

Section 4. Credit Type Applied For

Section 5. Status of Best Management Practice (BMP)

Section 6. Credit Types and Amounts

Peak Flow Reduction

Percent reduction of the 100 year post-development flow to pre-development conditions of the site.

• Peak Flow Reduction
  • “the site” means the impervious area(s) of the property; and
  • “pre-development conditions” means the 100-year flow from a theoretical “raw” land condition of the site, with an assumed runoff coefficient of 0.25.
  • This credit shall be assessed using a methodology whereby controlling the 100-year post-development flow rate to the 100-year pre-development flow rate from the entire impervious surface area of the site would represent a full 40% credit and the fraction of that target met would be multiplied by 40% to determine the credit amount awarded for peak flow reduction.
  • Self-certification shall be provided by way of a report certified by a Professional Engineer that includes supporting calculations.

Maximum Possible - 40%

Water Quality Treatment

Percent of site (hard surface) receiving water quality treatment consistent with Provincial criteria for enhanced treatment.

• Water Quality Treatment
  • Consistent with Provincial criteria for enhanced treatment - note that the current reference for Provincial criteria for enhanced treatment is the Stormwater Management Planning and Design Manual, March 2003, Ontario Ministry of the Environment.
  • The percentage allocated for this credit is based on the percentage of impervious area that is directed to an approved on-site quality control BMP that provides enhanced treatment.
  • Self-certification shall be provided by way of a report certified by a Professional Engineer.

Maximum Possible - 10%

Volume Reduction

Percent capture of first 15 mm of rainfall during a single rainfall event.

• Runoff Volume Reduction
  • “capture” means for on-site retention and/or reuse;
  • Only applies to rainfall landing on the impervious area(s) of the property;
  • “single rainfall event” means a period of rainfall activity defined by preceding and following periods of at least 24 hours without measurable rainfall;
  • The percentage allocated for this credit is based on the runoff volume reduction achieved over the impervious surfaces of the site using a sliding scale of 1% per mm achieved; and
  • Self-certification shall be provided by way of a report certified by a Professional Engineer.

Maximum Possible - 15%

Pollution Prevention 

Develop and implement a pollution prevention plan.

• Pollution Prevention
  • Every Pollution Prevention Plan must be consistent with the requirements under Schedule ‘A’ of the By-Law Chapter 1047, as amended or any successor by-law.
  • Percentage allocated for this credit shall be based on approval of the pollution prevention plan and achievement of distinct milestones of the plan, or otherwise one percentage point credit for each 20% of the Pollution Prevention Plan that is implemented.
  • An approved Pollution Prevention Plan must contain all components as identified in Schedule ‘A’ of the By-Law Chapter 1047, as amended or any successor by-law

Maximum Possible - 5%

Section 7. Application Submission Checklist

Prior to submitting the application, ensure that the following supporting documentation has been prepared.

Section 8. Terms and Conditions for Award of Credits

In consideration of applying for, and receiving credits toward the assessed stormwater fee from the City of Orillia, the Applicant acknowledges and agrees to the following:

1. Responsibility for Works and Measures

The work performed or measures installed were completed at the Applicant’s sole discretion. All work is to be coordinated by the Applicant. Any and all costs for the installation or construction, performance, on-going operation and maintenance, and repair of any works shall be at the Applicant’s sole cost and expense. The Owner shall notify any subsequent owners upon the sale of the property of the owner’s maintenance obligations.

2. Site Inspections and Document Audits

By signing this application, the Applicant acknowledges that the City reserves the right for its staff or agents to, at any reasonable time, enter and inspect any property participating in this program and examine any related record, document or file, to verify eligibility as part of the credit application process or during the term of an approved credit in accordance with the obligations under this application. The City may ask for further documentation or reject a credit application or suspend, reduce or cancel approved credits if the results of inspection of stormwater management practices or measures, or records of stormwater operations and maintenance thereof, no longer meet the performance criteria as documented in an application or supporting material and/or the terms and conditions for the Stormwater Fee credit approval, update or renewal.

Failure of the Applicant to provide access will result in a credit application being rejected and/or credit cancellation.

3. Liability

The City’s decision to award a credit or pass an inspection shall not be considered in any way an admission on the part of the City of liability or responsibility for, or guarantee or warrantee of the quality of workmanship or suitability of any or all of the works, measures, or practices or that the performance of any or all of the parts/products used to complete the work be free of defects.

The Applicant shall indemnify and hold harmless the City and its representatives, agents, and employees against all liability, loss, costs, claims, damages, and expenses causes of action, actions, claims, demands, lawsuits and other proceedings, by whomever made, sustained, brought or prosecuted, including third party bodily injury, death, personal injury, and property damage, in any way based upon, occasioned by or attributable to the Applicant’s participation in this Program or as a result of the installation and implementation of the works, measures or practices.

4. Suspensions, Reductions, and Cancellation

A Stormwater Fee credit may be suspended, reduced or cancelled by the City as specified in By-law Chapter 461, as amended or any successor by-law.

In the circumstance that this Application contains any material misstatement or misrepresentation on such Applicant’s behalf or stormwater management practice or measure is found to be in a state of disrepair or no longer functioning 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. The City shall have the right to collect any such credit through any methods available at law. If the credit has been cancelled, the Applicant may not reapply for a credit for a period of no less than 12 months.

5. Maintenance Requirements

Approved stormwater management practices or measures on the property must continue to meet performance criteria as documented in the Stormwater Fee credit application or the credit update or renewal application and/or its supporting documentation, i.e., “Operation and Maintenance Plan” and/or the terms and conditions of approval.

6. Duration of Credit

Stormwater Fee credits shall be in effect for a period of five years as allowed in By-law Chapter 461, as amended or any successor by-law or as otherwise specified at the time of credit approval. Credits will expire if not renewed at least six (6) months prior to the expiration date of the credit approval.

7. Distribution of Credit

In the case of an Applicant filing an application for more than one parcel or property, contiguous to each other (with the same municipal address) and held under the same ownership, the City reserves the right to distribute total assessed fees and approved credits across parcels as it sees fit, based on the location of the stormwater measures or practices or other considerations.

8. Update Responsibilities

A credit update application must be submitted to the City as outlined in By-law Chapter 461, as amended or any successor by-law. The City shall have full and absolute discretion to adjust (increase or decrease) the current credit amount.

9. Renewal Criteria

A credit renewal application must be submitted to the City as outlined in By-law Chapter 461, as amended or any successor by-law. The City shall have full and absolute discretion to adjust (increase or decrease) the current credit amount.

10. Penalties

Stormwater Fee credits may be suspended, reduced or cancelled as outlined in By-law Chapter 461, as amended or any successor by-law.

11. Review Timelines

An initial assessment will be conducted for application completeness. The Applicant may be requested to provide additional information. Complete applications will be registered and the Applicant will be notified. The technical review of an application is expected to be completed within ninety (90) calendar days after registration. Credit approval may be awarded or rejected or additional information or clarification on matters from the Applicant may be requested during this time.  In the event the review results in a request for additional information or clarification on matters from the Applicant, a new ninety (90) day period will be re-set upon receipt of all information.

12. Program

The City reserves the right to cancel, suspend or alter the program at any time.

13. Payment During Application Review

A pending credit request application shall not constitute a valid reason for non-payment of the currently assessed stormwater fee. Any stormwater fee bill that is received during the credit application review process must be paid in full.  The credits will be shown on the first bill processed by the City following award of the credits.

Section 9. Release

I hereby certify that I am the registered property owner and agent for any other registered owner(s) or the authorized agent for all registered owners of the property identified and for which this application is being made. I hereby declare that the statements made by me in this application are to the best of my belief and knowledge a true and complete representation of the purpose and intent of this application and that I have fully read and understand the program terms and conditions listed on this application.