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4. Petition
for drainage works - PÉtition pour les travaux de drainage - |
Committee Recommendations
That Council:
i) Consider the attached report and petition and give approval
to proceed with a preliminary report on the drainage works; and
ii) Appoint
the firm of Robinson Consultants Inc. as the Engineer of Record under the Drainage
Act.
Recommandations du comité
Que le Conseil :
i) examine la pétition et le rapport
ci-joints et d’approuver la rédaction d’un rapport préliminaire sur les travaux
de drainage;
ii) désigne Robinson Consultants Inc. à
titre de société d’ingénierie chargée d’élaborer un rapport en vertu de la Loi
sur le drainage.
Documentation
1. Deputy City Manager's report (Public
Works and Services) dated 16 May 2008 (ACS2008-PWS-WWS-0015).
Report to / Rapport au :
Agriculture and Rural Affairs Committee
Comité de l’agriculture et des
questions rurales
and Council / et au Conseil
16 May 2008 /
le 16 mai 2008
Submitted by / Soumis par : R.G. Hewitt,
Deputy City Manager / Directeur municipal adjoint
Public Works and
Services / Services et Travaux publics
Contact Person / Personne
ressource : Dixon Weir, Director / Directeur
Water and Wastewater Services / Services de l’eau et des eaux usées
613-580-2424, x22002 Dixon.Weir@ottawa.ca
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Rideau-Goulbourn (21) |
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Ref N°: ACS2008-PWS-WWS-0015 |
SUBJECT: Petition for drainage works – ashton
station road/upper dowdall municipal drain
OBJET: PÉtition
pour les travaux de drainage –
chemin ashton station/égout municipal upper dowdall
REPORT RECOMMENDATIONS
That the Agriculture and Rural Affairs
Committee recommend Council:
i) Consider the
attached report and petition and give approval to proceed with a preliminary
report on the drainage works; and
ii) Appoint the firm of
Robinson Consultants Inc. as the Engineer of Record under the Drainage Act.
RECOMMANDATIONS DU RAPPORT
Que le Comité de l’agriculture et des affaires
rurales recommande au Conseil :
i) d’examiner
la pétition et le rapport ci-joints et d’approuver la rédaction d’un rapport
préliminaire sur les travaux de drainage;
ii) de
désigner Robinson Consultants Inc. à titre de société d’ingénierie chargée d’élaborer
un rapport en vertu de la Loi sur le drainage.
BACKGROUND
The City of Ottawa is in receipt of a petition for drainage works under Section 4 of the Drainage Act from the Township of Beckwith and the City of Ottawa Roads Superintendent to address continuous flooding, public access and safety along the southern section of Ashton Station Road, in Goulbourn Ward.
A petition for the drainage by means of a drainage works of an area requiring drainage as described in the petition may be filed with the Clerk of the local municipality in which the area is situated by,
(a) the majority in number of the owners, as shown by the last revised assessment roll of lands in the area, including the owners of any roads in the area;
(b) the owner or owners, as shown by the last revised assessment roll, of lands in the area representing at least 60 per cent of the hectarage in the area;
(c) where a drainage works is required for a road or part thereof, the engineer, road superintendent or person having jurisdiction over such road or part, despite subsection 61 (5);
(d) where a drainage works is required for the drainage of lands used for agricultural purposes, the Director. R.S.O. 1990, c. D.17, s. 4 (1).
Under Section 5(1) of the Drainage Act, Council must consider the petition and choose from one of three options:
1. accept the petition and proceed with the drainage works by appointing an Engineer under Section 8 of the Drainage Act, to prepare a report; or
2. appoint an Engineer to prepare a preliminary report to determine an approximate cost estimate of the drainage works, in accordance with Section 10 of the Drainage Act; or
3. reject the petition and not proceed with the drainage works.
While the validity of the petition will ultimately be determined by the Council-appointed Engineer, should Council decide to proceed, it is the opinion of the Drainage Superintendent that there are sufficient signatures on the petition to satisfy condition (c), above. It is the desire of the petitioning municipalities to obtain a preliminary report of the required drainage works so as to determine the extent of drainage works and associated studies and an estimate of the cost of such an undertaking.
In either case, written notice of its decision must be provided to each petitioner and the local conservation authority, who may appeal the decision of Council to the Ontario Drainage Tribunal, which may direct the municipality in such respects as the Tribunal considers proper.
The estimated area requiring drainage is at the upstream end of the current Dowdall Municipal Drain and may include some wetlands.
The southern section of Ashton Station Road borders the Township of Beckwith and the City of Ottawa and has experienced historical and ongoing flooding resulting in periodic road closures, complaints from residents and high annual maintenance costs. The two municipalities are seeking legal and sufficient outlet for excess surface water through the Drainage Act.
DISCUSSION
The Drainage
Act prescribes the process and timelines that must be followed for a
preliminary report, under Section 10 of the Drainage Act, and any
subsequent construction of, or modification to, a municipal drain. (The “Þ” below indicates the current step in the process for this
petition.) In brief, the process
includes:
Þ
Consideration of the Petition by
Council; and the appointment of an Engineer to prepare a preliminary report;
-
Conduct an On-site Meeting with
affected landowners to review their drainage requirements;
-
Conduct a Meeting to Consider – (The
meeting of the Agriculture and Rural Affairs Committee
to consider the preliminary report and recommendation whether or not to proceed with the preparation of an
Engineer’s Report);
-
Council approval of the Committee
recommendation.
This report
places the petition before the Agriculture and Rural Affairs Committee and
Council as required by the Drainage Act.
SCHEDULE
Should Agriculture and Rural Affairs Committee (ARAC) recommend and Council approve to proceed with the preliminary report and appoint an Engineer, the estimated schedule will be as follows:
- Council approval and appointment of Engineer – June 2008
- Preparation of preliminary report – June to August 2008
- Review of preliminary report by conservation authority – September 2008
- Submission of preliminary report and notification period – October 2008
- Consideration of preliminary report by Committee and Council – November/December 2008
Should ARAC and Council subsequently consider and approve to proceed with the preparation of a subsequent Engineer’s Report, the following conceptual schedule will be as follows, and of course subject to various regulatory approvals and appeals processes:
- Council approval to proceed with Engineer’s Report – October/November 2008
- Preparation of draft Engineer’s Report and consultation with regulatory agencies – December 2009 to July 2009
- Environmental studies, example fish habitat and wetland impact assessments to meet Conservation Authority and Fisheries Act regulations – April to June 2009
- Review of draft Engineer’s Report by conservation authority and Department of Fisheries and Oceans (DFO) – July to September 2009
- Submission of final Engineer’s Report and preparation of Provisional By-law – October 2009
- Committee and Council consideration of Engineer’s Report and By-law – October to December 2009
- Construction of drainage works, if approved – Summer 2010
ENVIRONMENTAL IMPLICATIONS
The petition pertains to an area and road requiring drainage in close
proximity to provincially significant wetlands. The drainage works may affect surface water levels in the area
and approvals will have to be obtained from various regulatory agencies prior
to proceeding with construction. The
local conservation authority or the municipality may request that an
Environmental Appraisal of the effects of the drainage works be conducted and
the conservation authority may require information addressing the effects of
any proposed drainage works on flooding, pollution, erosion and conservation of
land, and fish habitat.
RURAL IMPLICATIONS
The drainage works will provide legal and sufficient outlet for Ashton
Station Road, reduce frequent flooding of the road, provide proper drainage for
the road bed and improve the overall condition of the road, and reduce future
maintenance requirements.
CONSULTATION
The Rideau Valley Conservation Authority has been consulted on the
petition and report and pursuant to the Drainage Act will be notified of
the decision of Council.
FINANCIAL IMPLICATIONS
All costs associated with this undertaking will be paid for from Internal Order 902960 Municipal Drain Improvements and, should the preliminary report be accepted and proceed to a full report, recovered, in its entirety, from the benefiting landowners according to the Report of the Engineer and associated By-law, under the Drainage Act. Funds in this account are available in the 2008 Capital budget.
SUPPORTING DOCUMENTATION
DOCUMENT 1 - Plan of Area
DOCUMENT 2 - New Drain Petition Supplement Form
DOCUMENT 3 - Wetland Map
DISPOSITION
The City of Ottawa’s Drainage Superintendent shall notify all
petitioners and the local conservation authority of the decision of Council.
DOCUMENT 1
DOCUMENT 3
