WHEREAS sections 8, 9 and 10 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes the Municipality of Arran-Elderslie to pass by-laws respecting public assets of the municipality acquired for the purpose of exercising its authority under the said Act or any other Act and respecting services the municipality considers necessary or desirable for the public, including the provision of public utilities such as water and sewage as defined in the Municipal Act, 2001;
WHEREAS subsection 391(1) of the Municipal Act, 2001 provides that sections 9 and 10 of that 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;
WHEREAS subsection 391 (3) of the Municipal Act, 2001 provides that the costs included in a fee or charge may include costs incurred by the municipality or local board related to administration, enforcement and the establishment, acquisition and replacement of capital assets;
WHEREAS the Municipality is operating and maintaining a stormwater management system for the benefit of residents and business property owners within the urban centres of Chesley, Paisley and Tara;
WHEREAS the Council of the Municipality of Arran-Elderslie deems it necessary and desirable to maintain a dedicated funding option for the long-term sustainability and enhancement of its existing urban stormwater management system within the urban centres through effective and efficient capital construction, operation and maintenance programs;
WHEREAS the creation of a separate stormwater charge to fund such urban stormwater management program will bring transparency to the actual costs of providing and maintaining the urban stormwater drainage system;
WHEREAS it is deemed just that the cost of administering, operating, maintaining and upgrading the urban stormwater management system is paid for by those who benefit from the system;
NOW THEREFORE the Council of the Municipality of Arran-Elderslie enacts as follows:
PART 1 – DEFINITIONS
1. In this By-law,
“Business Park” means a property zoned:
· BP1 - Business Park 1
· BP2 - Business Park 2
“Commercial” means a property zoned:
· C1 – Central Business District Commercial
· C2 - Transition Commercial
· C3 - Highway Commercial
· C4 - Large Format Commercial
“Council” means the elected Council of the Municipality of Arran-Elderslie.
“Institutional” means a property zoned:
· IN - Institutional Zone
“Multi-Residential” means a property zoned:
· R3 – Residential: Medium Density
· MU – Mixed Use
“Semi-Detached” means a property zoned:
· R2 – Residential: Low Density Multiple
“Single Detached” means a property zoned:
· R1 – Residential: Low Density Single
“Stormwater Charge” means the Municipality’s stormwater fees and charges in respect of the Urban Stormwater Management System, as listed in Schedule “A” and imposed pursuant to ss. 9 and 10 and Part XII of the Municipal Act, 2001;
”Urban Stormwater Management System” refers to stormwater system within the urban centres of Chesley, Paisley and Tara and means the infrastructure or measures used, controlled, maintained or operated by the Municipality to manage stormwater flow and drainage systems and all appurtenances thereto owned, and includes, but is not limited to, storm sewers, catch basins, storm service connections, drains, pipes, outfalls, overland conveyance systems including road corridors, culverts, channels, ditches, swales, dykes, rivers, streams, creeks and watercourses, stormwater management facilities including landscaping and low impact development features, storage ponds or underground tanks, and oil and grease treatment devices that control quantity or quality of stormwater runoff, pumping stations and all equipment laid within any highway or road allowance, Municipality right- of-way or easement or Municipality property used for the collection, transmission, detention and treatment of stormwater or uncontaminated water;
PART TWO - IMPOSITION OF CHARGE
2.1 A Stormwater Charge shall be imposed upon all property owners in the Municipality that are connected to the municipal water and/or sanitary sewer system, namely those located within the urban centres of Chesley, Paisley and Tara.
2.2 Stormwater charges shall be determined by the property zoning in accordance with the Arran-Elderslie Comprehensive Zoning By-Law, as amended from time to time, and property size in square metres as per the Bruce County Geographic Information System.
2.3 Where a property's zone is undefined or disputed, the determination will be made in accordance with the Arran-Elderslie Comprehensive Zoning By-Law, in consultation the Municipal Zoning Administrator.
2.4 The Stormwater Charge shall be in accordance with the Stormwater Rate Structure set out in Schedule “A” to this By-law.
2.5 The Stormwater Charge shall have priority lien status under Section 398(2) of the Municipal Act, 2001.
2.6 The Stormwater Rate Structure set out in Schedule “A” to this bylaw shall be subject to a 2.4% inflationary increase in year 2027, 2028, 2029, 2030, 2031, after which, the increases will follow the Arran-Elderslie Financial Plan for water, sanitary sewer and stormwater.
PART THREE - ADMINISTRATION
3.1 The Municipality of Arran-Elderslie is hereby authorized to collect the Municipality’s Stormwater Charges annually through the property tax bill in accordance with the Stormwater Rate Structure set out in Schedule “A” to this by-law subject to any increases in accordance with section 2.6 above.
3.2 On or before February 1st of each year, the Municipality will undertake a verification of the property zoning and square metre area all properties within the Urban Stormwater Management System.
3.3 All revenues generated through the Stormwater Charge and collected in accordance with section 3.1, shall be allocated to a dedicated stormwater reserve which is hereby deemed to be 01-0000-7234 – Stormwater.
3.4 The stormwater reserve shall be used to fund the on-going administration, operation, maintenance and capital expenditures associated with the Urban Stormwater Management System.
3.5 Any decision or determination required to be made by the Municipality or any official of the Municipality under this By-law shall be made in the sole and absolute discretion of the Municipality or the Municipality official.
3.6 This By-law shall be known as the “Stormwater Charge By-law”.
3.7 This By-law comes into force on January 1, 2026.
Read a first and second time this 24th day of November 2025.
Read a third time and finally passed this 24th day of November 2025.
Original Signed By Original Signed By
_________________________ __________________________
Mayor Steve Hammell Clerk – Christine Fraser-McDonald
1. The following rates are hereby imposed for the year 2026 and shall be applied to properties in accordance with section 2.1 of the bylaw.
2. Following year 2026, the rate shall be subject to inflationary increases in accordance with section 2.6 of the bylaw.