1. DITCH ALTERATION POLICY

POLITIQUE DE TRANSFORMATION DES FOSSÉS

AGRICULTURE AND RURAL AFFAIRS COMMITTEE AND PLANNING AND ENVIRONMENT COMMITTEE RECOMMENDATIONs

That Council:

1. Approve the Ditch Alteration Policy, as presented in Attachment 2.

2. Approve changes to Sewer Connection By-law 2003-513 to delete references to ditch filling, and changes to Drainage By-law 2007-398 as deemed necessary by the City Solicitor to implement the Ditch Alteration Policy.

RECOMMANDATIONS DU COMITÉ DE L’AGRICULTURE ET DES QUESTIONS RURALES ET DU COMITÉ DE L’URBANISME ET DE L’ENVIRONNEMENT

Que le Conseil:

1. approuve la Politique de transformation des fossés, telle qu’elle est présentée à la pièce jointe 2.

2. approuve les modifications au Règlement 2003-513 régissant les raccordements aux égouts afin de supprimer les références au comblement des fossés, ainsi que les modifications au Règlement 2007-398 sur le drainage jugées nécessaires par le chef du contentieux afin de mettre en œuvre la Politique de transformation des fossés.

Documentation

1. Deputy City Manager's report Public Works and Services dated 3 June 2008 (ACS2008-PWS-INF-0008).

Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and / et

Agriculture & Rural Affairs Committee

Comité de l'agriculture et des questions rurales

and Council / et au Conseil

3 June 2008 / le 3 juin 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 : Wayne Newell, Director/Directeur

Infrastructure Services/ Services d’infrastructure

(613) 580-2424 x16002, Wayne.Newell@ottawa.ca

City Wide / À l'échelle de la ville

Ref N°: ACS2008-PWS-INF-0008

SUBJECT:	Ditch Alteration POLICY

OBJET :	POLITIQUE DE TRANSFORMATION DES FOSSÉS

REPORT RECOMMENDATIONS

That the Agriculture and Rural Affairs Committee and Planning and Environment Committee recommend that Council:

1. Approve the Ditch Alteration Policy, as presented in Attachment 2.

RECOMMANDATIONS DU RAPPORT

Que le Comité de l’agriculture et des questions rurales et que le Comité de l’urbanisme et de l’environnement recommandent au Conseil :

1. d’approuver la Politique de transformation des fossés, telle qu’elle est présentée à la pièce jointe 2.

2. d’approuver les modifications au Règlement 2003-513 régissant les raccordements aux égouts afin de supprimer les références au comblement des fossés, ainsi que les modifications au Règlement 2007-398 sur le drainage jugées nécessaires par le chef du contentieux afin de mettre en œuvre la Politique de transformation des fossés.

EXECUTIVE SUMMARY

Assumptions and Analysis

The City of Ottawa has approximately 5,650 kilometres of roadside ditches. Approximately 10 percent are located in the urban area and 90 percent in the rural area. Ditches convey stormwater from both public and private properties, including surface drainage, roadway sub-grade drainage and foundation drainage from private properties. Ditches also provide stormwater management functions such as sediment and pollutant removal and peak flow attenuation.

Over time, both authorized and unauthorized filling or alteration of ditches, such as piping the roadside ditches, has occurred in many neighbourhoods. The random and discontinuous alteration of ditches, without consideration of the individual ditch as part of a broader drainage system, can have a detrimental impact on the community by increasing the potential for flooding. The cumulative impact of this random practice has resulted in problems managing new requests, increased infrastructure maintenance requirements and reduced levels of service. Ditch alterations are still occurring, in limited instances with the consent of the City, but in most cases without any involvement by the City.

There are two options to address requests to alter ditches. The first is not to consider requests and enforce the provisions of the Drainage By-law, which prohibits alterations to existing ditches. While this would be relatively simple to implement, it would not allow installations that are technically feasible and could reasonably be implemented. The second is to consider requests through a managed process. The Department is recommending this option with the objective of ensuring that ditch alterations only occur where appropriate and in a controlled manner.

The goal of the Ditch Alteration Policy is to allow ditch alterations to proceed that are technically feasible, accommodate the overall drainage in the area and do not cause detrimental impacts to existing drainage on public or private property. Implementation of drainage improvements is intended to follow the City’s Local Improvement process. The application of the proposed Ditch Alteration Policy would include informing and educating proponents on the issues and requirements, defining eligibility criteria and undertaking technical assessments, design and construction, obtaining Ministry of Environment (MOE) approvals, enforcing by-law contraventions, and modifying existing by-laws, as required.

Financial Implications

Drainage improvements would be undertaken in accordance with the Local Improvement Policy. The Department will identify appropriate funding as part of the Annual Capital Budget to undertake the technical assessments. Cost of the technical assessments will be recovered from benefiting property owners when projects proceed to implementation.

Depending on the number of requests, any additional resource implications would be identified as part of the Annual Operating Budget.

Public Consultation/Input

Extensive public consultation was undertaken as part of the development of the City’s Stormwater Management Strategy. Through that process a number of strategies was developed in support of the benefits and the need to preserve ditches as integral elements of the overall storm drainage system.

The MOE and Conservation Authorities were also consulted. These agencies promote maintaining ditches to the extent possible and where modifications are undertaken, they need to provide for adequate capacity, water quality treatment and groundwater recharge.

The policy framework was presented to the Environment Advisory Committee and Rural Issues Advisory Committee in January 2008. The Committees supported the approach of managing ditch alteration requests.

Upon approval of the Ditch Alteration Policy, information will be made available in French and English through Ottawa.ca, the Call Centre and Client Service Centres.

RÉSUMÉ

Hypothèses et analyse

La Ville d’Ottawa compte approximativement 5 650 kilomètres de fossés en bordure de route. Environ 10 % sont situés dans la zone urbaine et 90 % dans la zone rurale. Les fossés recueillent les eaux pluviales des propriétés publiques et privées, y compris les eaux de drainage de surface, des sols de fondation et des fondations des propriétés privées. Les fossés ont également des fonctions de gestion des eaux pluviales, comme l’élimination des sédiments et des polluants et l’atténuation du débit d’eau maximal.

Au fil du temps, des fossés ont été remplis ou transformés, avec ou sans autorisation, dans de nombreux quartiers (par la pause de tuyaux dans les fossés routiers, par exemple). La transformation aléatoire et discontinue des fossés sans tenir compte de chaque fossé comme une partie d’un réseau de drainage plus vaste peut avoir des répercussions négatives sur la collectivité en augmentant les risques d’inondation.

Les répercussions cumulatives de cette pratique aléatoire ont entraîné des problèmes au niveau de la gestion des nouvelles demandes, augmenté les besoins d’entretien de l’infrastructure et réduit les niveaux de service. Des transformations de fossé ont encore lieu, dans des cas limités avec le consentement de la Ville, mais dans la plupart des cas sans aucune participation de la part de la Ville.

Il y a deux options pour répondre aux demandes de transformation des fossés. La première consiste à ne pas tenir compte des demandes et à appliquer les dispositions du Règlement sur le drainage, qui interdit les transformation aux fossés existants. Bien que cette option soit assez simple à mettre en œuvre, elle ne permettrait pas des installations qui sont techniquement réalisables et qui pourraient raisonnablement être implantées. La deuxième option consiste à tenir compte des demandes par l’intermédiaire d’un processus géré. Le service recommande cette option en ayant comme objectif de faire en sorte que les transformations aient seulement lieu lorsqu’elles sont appropriées et de façon contrôlée.

La Politique de transformation des fossés a pour objectif de permettre les transformations de fossé qui sont techniquement réalisables, qui répondent aux besoins de drainage dans l’ensemble du secteur et qui n’ont pas de répercussion négative sur le drainage actuel sur les propriétés publiques ou privées. La mise en œuvre des améliorations au drainage doit suivre le processus d’amélioration locale de la Ville. L’application de la Politique de transformation des fossés proposée signifierait notamment d’informer et de renseigner les promoteurs sur les enjeux et exigences, de définir les critères d’admissibilité et d’entreprendre des évaluations, des aménagements et des travaux de construction techniques, d’obtenir l’approbation du ministère de l’Environnement (MDE), d’appliquer la politique dans les cas d’infraction aurèglements et de modifier les règlements actuels, au besoin.

Répercussions financières

Les améliorations au drainage seraient apportées conformément à la Politique d’amélioration locale. Le service déterminera les fonds requis à partir du budget annuel des immobilisations pour entreprendre les évaluations techniques. Le coût des évaluations techniques sera recouvré auprès des propriétaires concernés lorsque les projets seront mis en œuvre.

Selon le nombre de demandes, toute application de ressources supplémentaires serait déterminée dans le cadre du budget annuel de fonctionnement.

Consultation publique / commentaires

Des consultations publiques approfondies ont eu lieu dans le cadre de l’établissement de la Stratégie de gestion des eaux pluviales de la Ville. Grâce à ce processus, un certain nombre de stratégies ont été établies en appui aux avantages et au besoin de préserver les fossés faisant partie intégrante du réseau global de drainage des eaux pluviales.

Le MEO et les offices de protection de la nature ont également été consultés. Ces organismes favorisent la conservation des fossés dans la mesure du possible, et dans le cas où des modifications sont apportées, elles doivent assurer une capacité suffisante, un traitement de la qualité de l’eau et l’alimentation des nappes souterraines.

Le cadre stratégique a été présenté au Comité consultatif sur l’environnement et au Comité consultatif sur les questions rurales en janvier 2008. Les comités appuient l’approche recommandant la gestion des demandes de transformation des fossés.

Une fois la Politique de transformation des fossés approuvée, les renseignements seront disponibles en français et en anglais sur ottawa.ca, au Centre d’appels et dans les Centres du service à la clientèle.

BACKGROUND

The City of Ottawa has approximately 5,650 kilometres of roadside ditches. Approximately 10 percent are located in the urban area and about 90 percent are located in the rural area. Ditches are a critical component of the broader storm drainage system. They convey stormwater from both public and private properties, including surface drainage, roadway sub-grade drainage and foundation drainage from private property. Ditches also provide storm water management functions such as sediment and pollutant removal and peak flow attenuation. There is a need to protect the integrity of ditches, maintain levels of service and respect the City’s requirements under the Ontario Water Resources Act.

Over time, both authorized and unauthorized alterations of ditches, such as piping the roadside ditches have occurred in many neighbourhoods. The random and discontinuous alteration of ditches, without consideration of the individual ditch as part of a broader drainage system, can have a detrimental impact on the community by increasing the potential for flooding due to a loss in stormwater storage capacity. The cumulative impact of this random practice has resulted in problems managing new requests, increased infrastructure maintenance requirements and reduced levels of service leading to instances of flooding. Ditch alterations are still occurring, in limited instances with the consent of the City, but in most cases without any involvement by the City.

In general, requests for ditch alterations relate to the desire to improve aesthetics, ease of grass cutting and eliminate temporary standing water in the ditches. Residential landscaping has become more popular and extensive in recent years, which often involves changes to property grades and ditch conditions. Regardless of whether a single localized project is technically feasible or not, the alterations effectively change the characteristics and functioning of the broader drainage system and can compromise the stormwater management benefits. The cumulative impact of many isolated ditch alterations within the same drainage system can increase downstream peak flows and degrade the stormwater quality. Ditch alterations without appropriate technical analysis or design guidelines do sometimes result in localized flooding and increased infrastructure maintenance. A disruption in the flow of water from a single property can impact the integrity of a drainage system for many others.

Some former municipalities did not permit ditch infilling. Others had formal administrative processes with appropriate standards. Overall there was not a comprehensive approach to managing ditch alteration requests.

In terms of current by-laws, the Sewer Connection By-law (2003-513) includes limited provisions related to ditch alterations and the Drainage By-law (2007-398) prevents ditches from being altered. However, the current provisions are insufficient to adequately administer and enforce a ditch alteration process.

In July 2007, a memo was issued indicating the Department was in the process of developing a policy related to ditch alterations, which would be presented to Council for approval. (Attachment 1). The purpose of this report is to seek approval on the Ditch Alteration Policy that recognizes urban and rural characteristics, supports the policies identified in the Council approved Stormwater Management Strategy and is consistent with the recently approved Drainage By-law.

DISCUSSION

Peer Comparison

In addition to the practices of the former municipalities, the Department completed a survey of ditch alteration practices in 20 peer municipalities, such as the Region of Halton, Region of Peel, City of Kingston, City of London, and United Counties of Stormont, Dundas and Glengarry. The practices range from permitting ditch alterations with City involvement and approval, to not permitting the practice at all. For the most part, most municipalities have some form of process to manage ditch alteration requests. Some have specified requirements that have to be satisfied, such as maintaining sufficient snow storage, ensuring a sufficient outlet and a ditch of sufficient depth. In general, ditch alterations simply for the purpose of improving roadside aesthetics and ease of grass cutting were not considered to be valid rationale.

Technical Assessments

In 2006, the Department completed a detailed review and analysis of over 50 site-specific ditch alteration requests. The analysis considered technical feasibility and impacts of individual localized ditch alterations on the overall drainage system. The analysis concluded the following:

1. Individual property owners recognize the importance of a ditch or swale system however, understandably, often do not have the context of how integral the ditch fronting their property is to the overall drainage system.

2. Small localized alterations to ditches and swales can change the function of the broader system, affect more than a single property owner and can jeopardize future successful installations.

3. The level of service needs to be considered to maintain acceptable performance of the drainage system.

4. Ditch alterations are subject to approvals under the Ontario Water Resources Act.

Stormwater Management Strategy

In 2007, Council approved the City’s Stormwater Management Strategies. These strategies address the benefits of ditches and the need to maintain them to preserve the integrity of the overall storm drainage system.

Drainage By-law

In 2007, Council approved Drainage By-law 2007-398. The By-law governs drainage and drainage courses with the necessary provisions to protect the integrity of the City’s drainage infrastructure by prohibiting any owner or occupant from altering or filling ditches, swales or drainage courses.

Recommended Policy and Approach

The goal of the Ditch Alteration Policy (Attachment 2) is to allow ditch alterations to proceed that are technically feasible, accommodate the overall drainage in the area and do not cause detrimental impacts to storm drainage on public or private property. The policy is intended to complement the Drainage By-law based on the following:

1. A systematic engineered approach to reviewing requests combined with an established process to ensure alteration of ditches are undertaken in a controlled and consistent manner.

2. A regimented process for managing requests, that defines opportunities for altering portions of the ditch network and enforcement provisions to ensure alterations only occur where technically feasible and in a manner acceptable to the City.

3. An approach that supports the objectives and policies of the City's Storm Water Management Strategy.

4. A process that allows for design options but ensures City standards, guidelines, regulatory approvals and construction can be implemented in a reasonable and consistent manner.

5. Implementation to be on a cost recovery basis.

6. City will be responsible for on-going maintenance of the ditch, subject to approval of the alterations by the City.

It is recognized that for those municipalities that previously permitted ditch alteration (typically through piping of the roadside ditch) the recommended Policy represents a more stringent approach. However, this is required to maintain the integrity of the ditch drainage system, preserve levels of service to minimize flooding and adhere to legislated requirements. Considering requests in an adhoc manner can result in negative impacts to other property owners in the drainage area.

The application of the proposed Ditch Alteration Policy would consider the following key elements:

(i) Education and Information

Fact sheets in French and English will be made available through Ottawa.ca, Client Service Centres and 3-1-1. This will be coordinated with the public education programs and Drainage Coordination Committee initiatives endorsed as part of Drainage By-Law 2007-398 (ACS2007-PWS-UTL-0009).

(ii) Eligibility and Process Requirements

Roadside ditch systems in both the urban and rural areas that accommodate roadway drainage are considered eligible under the policy. Municipal Drains, ditches that have permanent water and are considered having fish habitat (using criteria regulated by the local Conservation Authorities and the Department of Fisheries and Oceans), ditches located in or near Provincially Significant Wetlands, or any other areas regulated by the local Conservation Authorities are not covered by this policy.

To confirm the eligibility, all requests will require an engineering assessment of the local drainage system. If the engineering assessment does not support alteration of ditches for an area, then any request to undertake such a project will be denied. If the engineering assessment supports ditch alterations, the assessment will define the scope and extent of works that would be required to maintain an adequate drainage system.

Enquiries received through the typical channels (3-1-1, direct call, Client Service Centre) will be managed by the Drainage and Wastewater Services Division, Water and Wastewater Service Branch. A preliminary review will be undertaken to determine whether the issue is a private property drainage issue or whether the request should be considered under the Ditch Alteration Policy. Ditch alteration requests will be managed by the Infrastructure Services Branch. Information kits will be made available to the public. Prior to the City processing the request for ditch alterations, the proponent will be required to submit a signed request form identifying owner’s name, location, extent of works being considered and an acknowledgement of an understanding of the Policy and its requirements.

Upon receipt of an application form, an initial screening will be completed. If sufficient existing information and technical assessments are available, the proponent will be provided with either a denial or the request can proceed to the design and construction stage. Otherwise, a complete technical assessment of the drainage area is required before responding.

(iii) Technical Assessments

An understanding of the characteristics and functions of the overall drainage area is necessary to assess potential impacts by the implementation of localized ditch alterations and to ensure maintenance of appropriate levels of service. A technical assessment is necessary to confirm outlet conditions, capacity, slope, connectivity of the system and the necessary design support to secure an MOE Certificate of Approval.

The scope and complexity of technical assessments will vary from site to site, but will typically involve obtaining information and undertaking analysis to determine if ditching modifications are feasible.

The City has a significant number of resource materials at its disposal (studies, drawings, plans) and undertakes technical assessments on a regular basis. As such, the City is better positioned to undertake the necessary technical assessments for requests by making use of as much pre-existing assessments, studies and drainage plans as possible, undertaking a proactive study and assessment program for the complex systems and areas where pre-existing material is lacking and requests are likely, and undertaking streamlined assessments for one-off rural setting requests. The objective would be to compile relevant and necessary information to support expedited review of requests.

Funding will be requested annually for the proactive program and candidate study areas will be defined and prioritized by the City to ensure assessments and the scope of potential implementations are adequately defined and considered.

Over time, sufficient background assessments will be completed through the proactive study programs that will make site data more readily available. In the interim, there may be instances where a request is held pending the completion of a technical assessment.

Public Service Areas, Villages and Estate Lot Subdivisions

Within urban and suburban areas, in villages and estate lot subdivisions the drainage systems are more complex and are change sensitive to water quality and quantity levels of service. Densities are such that alteration opportunities have a broader impact and considerations involving more than a single property. In these areas, if a current technical assessment is not readily available, the proponent will be requested to undertake a non-binding survey-of-interest (50% interest or greater), circulated among local property owners to gauge the level of interest in altering the ditch system. The non-binding survey of interest is a means of prioritizing the application of the City resources and annual budget allocations.

The request will be held pending completion of the analysis. Typically, larger scale analysis could take approximately 12 months to complete.

Areas Outside Public Service Areas, Villages and Estate Lot Subdivisions

Outside urban and suburban areas, villages and estate lot subdivisions the densities are such that alteration opportunities have less impacts and considerations and typically involve a single property. The department has developed a streamlined assessment process for simple one-off rural setting assessments that can be initiated and completed in a timely manner. These types of ditch alterations would proceed on the basis of an agreement between the City and the single property owner rather than the more formal Local Improvement process.

(iv) Design and Construction

Design and construction of ditch alterations requires the services of a professional engineer with knowledge of City guidelines, standards and specifications, stormwater management practices, Provincial requirements, utility circulation and construction management experience. Works within the City right-of-way require payment of applicable fees for road cut permits, MOE Certificates of Approval and securities before a contractor bonded with the City can start work. The City has the technical resources, experience and established processes to effectively manage design and construction processes and therefore it is proposed the City administer the implementation of ditch alterations.

(v) Enforcement of By-Law Contravention

One of the additional benefits of a City administered program is once the policy comes into force, ditch alterations in contravention to the Drainage By-law will be readily identifiable if the works are not traceable to a City project.

It is not the intent to create a formal program for identification of non-compliant installations. Identification will be through observations by staff completing duties associated with their normal daily business (by-law officers, surface operations maintenance, road cut inspections), resident enquiries or as issues arise.

Given the uncertainty of traceable records of past approvals and varied past practices, enforcement of remedies for identified Drainage By-law contraventions will be dependent upon the time of installation. Contravening alterations considered by the City to have been undertaken after approval of the Ditch Alteration Policy will immediately be given notice and be requested to secure road cut permits, remove the installations and reinstate the right-of-way.

Ditch alterations that have been installed in the past will be assessed on an as required basis. If it is determined that the alterations were not properly designed and constructed and are causing drainage problems, the City will undertake the necessary works to correct the problem.

(vi) Enabling Requirements

The Drainage By-law (2007-398) provides governance of the City’s drainage infrastructure by prohibiting any owner or occupant from altering or filling ditches, swales or drainage courses. The Ditch Alteration Policy complements the By-law by allowing alterations through City administered designs and installations.

ENVIRONMENTAL IMPLICATIONS

A ditch can provide several stormwater management functions other than the conveyance of surface runoff. These benefits include sediment and pollutant removal and peak flow attenuation. The random and discontinuous alteration of ditches, without consideration of the individual ditch as part of a broader drainage system, can have a detrimental impact on the neighbouring community by increasing the potential for localized flooding. A controlled and managed approach for ditch alterations is fundamental to preserving and protecting the overall drainage system.

RURAL IMPLICATIONS

For the most part, ditches and swales are the only drainage systems used to convey stormwater in the rural areas.

Villages and estate lot subdivisions in the rural areas, have denser property configurations. The impact of random and discontinuous ditch alterations in these areas will have greater potential for detrimental impact on the community. Requests in villages and estate lot subdivisions in the rural area will be considered as part of the broader drainage system. In other parts of the rural area, where development is less dense, there is an opportunity to consider ditch alteration on a property-by-property basis. In both cases, implementation would have to be supported by a technical assessment.

CONSULTATION

Extensive public consultation took place as part of the development of the City’s Stormwater Management Strategy. Through that process a number of strategies were developed in support of the benefits and the need to preserve ditches as integral elements of the overall storm drainage system.

A Background Paper (Attachment 3) was developed outlining the principles and strategies related to ditch alterations. This document was submitted for comments to staff at the local District office of the MOE and the Conservation Authorities. The Rideau Valley Conservation Authority (RVCA) coordinated input on behalf of the Mississippi Valley Conservation and the South Nation River Conservation Authority. These agencies promote maintaining ditches to the extent possible and where ditching and modifications are undertaken, they need to provide for adequate capacity, water quality treatment and groundwater recharge. The Conservation Authorities have requested involvement when the ditch is part of a natural system, is directly connected to a natural system, is part of an approved stormwater management plan or master drainage plan for a development area.

The Background Paper was also presented to the Environment Advisory Committee and Rural Issues Advisory Committee in January 2008 and both committees supported the approach of managing ditch alteration requests.

Comments from Planning Infrastructure Approvals, Planning, Transit and the Environment Department, Wastewater and Drainage Services, and Surface Operations, Public Works and Services Department and the Rural Affairs Office have been considered as part of the development of the Policy.

Upon approval of the Ditch Alteration Policy, information will be made available through Ottawa.ca, the Call Centre and Client Service Centres.

FINANCIAL IMPLICATIONS

The intent is to leverage existing processes already in place related to the administration of Local Improvements and the Drainage By-law. The Department will identify appropriate funding as part of the Annual Capital Budget to undertake the technical assessments. Cost of the technical assessments will be recovered from benefiting property owners when projects proceed to implementation.

Depending on the number of requests, any additional resource implications would be identified as part of the Annual Operating Budget.

SUPPORTING DOCUMENTATION

Attachment 1 – Memo to Mayor and Members of Council, Managed Approach to Ditch Filling, July 2007

Attachment 2 – Ditch Alteration Policy

Attachment 3 – Background Paper: Managing Ditch Filling Requests in the City of Ottawa

DISPOSITION

Public Works and Services will implement the Ditch Alteration Policy upon approval by Council. The Department will also finalize information fact sheets and make these available to the general public through Ottawa.ca and Client Service Centres.

Legal Services will amend the Sewer Connection By-law 2003-513 and the Drainage By-law 2007-398, as required, to ensure consistency with the Ditch Alteration Policy.

Attachment 1

Memo to Mayor and Members of Council, July 2007

M E M O / N O T E D E S E R V I C E

To / Destinataire	Mayor and Members of Council	File/N° de fichier:
From / Expéditeur	Public Works and Services
Subject / Objet	Managed Approach to Ditch Filling	Date: 19 July 2007

The Infrastructure Services Branch receives inquiries regarding filling of roadside ditches from residents and Councillors on an ongoing basis. We are in the midst of developing a Ditch Filling By-Law and supporting policy that will assist in managing ditch filling requests in a more consistent basis. We anticipate presenting a report to Planning and Environment Committee and Agriculture and Rural Affairs towards the end of 2007. In the interim, we provide the following information:

The City of Ottawa has approximately 5,650kms of roadside ditches. Approximately 10 percent are located in the urban area and 90 percent in the rural area. Ditches convey stormwater from both public and private properties, including surface drainage, roadway sub-grade drainage and foundation drainage via sump pumps. Ditches also provide stormwater management functions such as sediment and pollutant removal and peak flow attenuation in the form of storage in the ditches.

Over time, both authorized and unauthorized filling of ditches (i.e. piping the roadside ditches) have occurred in many neighbourhoods. The random and discontinuous filling of ditches, without consideration of the individual ditch as part of a broader drainage system, can have a detrimental impact on the community by increasing the potential for flooding due to a loss in stormwater storage capacity. The cumulative impact of this random practice has resulted in problems managing new requests, increased infrastructure maintenance requirements and reduced level of service leading to instances of flooding. Ditch filling installations are still occurring, in limited instances with the consent of the City, but in most cases without any involvement by the City.

Ditch filling requests are often initiated by the property owner, based on the rationale of improved roadside aesthetics, ease in cutting grass and reduction in surface water ponding. These requests are often made without the context of how integral the ditch fronting their property is to the overall drainage system.

Some former municipalities did not permit ditch infilling. Others had formal administrative processes with appropriate construction standards. Overall there was not a comprehensive approach to managing ditch filling requests.

As part of the harmonization of the Sewer Connection By-law (2003-513) limited provisions were included relating to ditch filling. The current provisions are insufficient to adequately administer and enforce a ditch filling process.

The Ditch Filling By-law and supporting policy will recognize urban and rural characteristics and support the policies identified in the City's Stormwater Management Strategy (as approved by Planning and Environment Committee on 10 July 2007). A better defined process for managing ditch filling requests, defining opportunities for filling portions of ditches and enforcement requirements will ensure that ditch filling only occurs where appropriate and in a manner acceptable to the City. The By-law and supporting policy will also address technical requirements, level of service impacts, cost recovery, maintenance, enforcement and legislative requirements.

It is recognized the new Ditch Filling By-law will address the process moving forward and that many ditch filling installations are already in place. Some have occurred with the input and approval of the former municipalities or the new City, and others without any involvement on the part of the City. It is not the intent of the Branch to actively seek the removal of existing ditch filling installations unless these are found to have an adverse impact on neighbouring properties or on the City’s infrastructure (i.e. flooding, inadequate road drainage).

The development of the Ditch Filling By-law and policy includes a review of peer municipalities and consideration of the practices of the former municipalities. It will also include input obtained through the development of the Stormwater Management Strategy, from other City Branches, Conservation Authorities, the Ontario Ministry of the Environment, Environmental Advisory Committee and Rural Issues Advisory Committee. Public notices will be advertised in newspapers, on the City Web site and at Client Service Centres to seek input from the public into the process.

The Branch is dealing with a backlog of ditch filling requests. We have undertaken a technical review of a number of locations that suggest considering singular requests is not an effective approach to dealing with an issue that has broader implications. Due to this backlog, the limited resources and the pending policy, residents are being advised their requests will be considered once the new Ditch Filling By-law has been approved by Council. Residents that proceed to fill their ditch without City approval will be advised in writing that the City’s ditch was filled without approval and they may be required to reinstate the ditch if the installation poses an operational problem (i.e. risk of flooding or damage to the road) or does not meet the ditch filling requirements of the new By-law.

Please contact me at extension 16002 or Alain Gonthier, Manager, Infrastructure Management at extension 21197 should you require additional information.

Original signed by

W.R. Newell, P.Eng.

Director, Infrastructure Services

cc: R.G. Hewitt, Deputy City Manager, Public Works and Services

J. Manconi, Director, Surface Operations

K. Brothers, Director, Utility Services

M. Flainek, Director, Traffic and Parking Operations

A.C. Gonthier, Manager, Infrastructure Management

Attachment 2

Ditch Alteration Policy (DRAFT)

DRAFT

CITY OF OTTAWA

DITCH ALTERATION POLICY

PUBLIC WORKS AND SERVICES DEPARTMENT

CITY OF OTTAWA

Approved by City Council

June XX, 2008

1. Policy Statement

This policy documents the circumstances and general process requirements for the City to permit filling or alteration of drainage ditches and drainage courses within City road rights-of-way and those in registered and unregistered easements that convey stormwater from public lands.

2. Purpose

The intent of this policy is to create an established process in order for the City to be better able to meet its obligations and expectations of property owners with respect to managing potential storm drainage conveyance issues associated with ditch alteration. Respecting an established process will allow ditch alteration in a controlled and consistent manner.

3. DRAFT Application

Subject to this policy are requests received regularly by the City from property owners for roadside ditch systems in both the urban and rural areas and ditches located in registered and unregistered easements conveying stormwater from public lands.

4. Policy Description

Whether in an urban area or a rural area, ditches and drainage courses were installed and continue to be constructed as a viable means of conveying storm water from both public and private properties. These drainage courses provide a critical outlet for public and private surface drainage, roadway sub-grade drainage as well as foundation drainage from private property. Ditches also provide several storm water management functions and other benefits like a reduction in downstream peak flow rates, improved water quality in surface water bodies, storage of surface run-off that promotes infiltration replenishing the groundwater table and contributing to the protection of fish habitat. While new greenfield developments have a number of opportunities to address stormwater quality obligations, ditch drainage systems often provide the only opportunity to improve stormwater quality in established areas without significant re-engineering. When a ditch is filled or altered, or replaced with a pipe, most of the storm water management benefits are compromised to some degree. The cumulative impact of many ditch filling projects within the same drainage area is likely to increase downstream peak flows and degrade the quality of run-off reaching surface water bodies. If implemented without appropriate technical analysis or design guidelines, ditch alteration can result in upstream flooding or local infrastructure maintenance problems. A disruption in the flow of water from a single property can impact the integrity of a drainage system for many others.

The former municipalities that comprise the existing City of Ottawa had various rules and approaches for dealing with requests to fill or alter ditches. These rules were inconsistent and problematic. The intent of this policy is to establish a process for considering ditch alteration requests using a managed and engineered approach that will ensure uninterrupted and consistent levels of service. By respecting an established process, the City will be better able to meet its obligations to property owners by managing potential storm drainage conveyance issues associated with random and ad-hoc ditch alteration.

DRAFT

In the absence of this proposed engineered approach, the implication of random alteration of roadside ditches can present a significant detrimental affect to both public property and private property through reduced infrastructure life expectancies, uncontrolled surface flooding, basement flooding, overall network conveyance and capacity issues, missed water quality improvement opportunities or aggravated water quality issues.

5. Exceptions To The Policy

Some candidate sites may not be suitable for consideration due to a variety of technical, economical and administrative factors including, but not limited to,

site topography;
frontage on and drainage to Municipal Drains;
locations considered as having fish habitat;
locations in or near Provincially Significant Wetlands; and
physical limitations of the site, that could include,

the availability of an adequate outlet for a piped sewer system,
constraints related to cover and space available to install a piped sewer system,
potential interference of the ditch alteration related to accommodating drainage from the road sub-grade, and
adequate measures to address storm water quality and quantity.

To address technical feasibility issues, the project limits for any alteration request, regardless of how it was initiated, may go beyond the route that will immediately benefit the affected property owner(s). Additional or connecting works may be necessary to provide the facility requested, such as an external sewer outlet, and the cost for such works will be part of the total project cost.

For any request, the City will determine the logical project limits based on system design requirements and/or overall cost benefits (e.g. entire street, completion of a sector, completion of a drainage basin, etc.).

6. Policy coverage

6.1 DRAFT INFRASTRUCTURE COVERED BY THE POLICY

The following infrastructure is covered by this policy:

1. Roadside ditch systems located in both the urban and rural areas in the City

2. Ditches located in registered and unregistered easements and conveying storm water from City lands.

6.2 INFRASTRUCTURE NOT COVERED BY THE POLICY

The following infrastructure is not covered by this policy:

1. Municipal Drains, or any other proposed works, which are governed by the Drainage Act.

2. Ditches that have permanent water and are considered having fish habitat using criteria regulated by the local Conservation Authorities and the Department of Fisheries and Oceans.

3. Ditches located in or near Provincially Significant Wetlands, or any other areas regulated by the local Conservation Authorities.

7. Ditch Alteration Principles And Processes

7.1 KEY PRINCIPLES

Key to defining this policy and the associated processes for permitting ditch alteration are the following key principles:

· Ditches and swales are a critical and integral component of the city’s overall drainage network.

· Ditches and swales are viable and acceptable surface conveyance systems that perform beneficial storm water management functions. Preservation of these functions and mitigation of potential cumulative detrimental effects brought about by discontinuous or ad-hoc practices define the overall objectives to be addressed.

· Ditches and swales manage storm water from a quality and quantity perspective by filtering, by attenuating peak flows and by providing groundwater recharge and storage. In established areas with existing designs and infrastructure in place, ditch and swale drainage systems often provide the only opportunity to provide some storm water quality, quantity and groundwater recharge benefits without significant re-engineering.

· Ditch and swale conveyance is an integral part of a broad catchment-wide integrated surface drainage system. Ditch alteration effectively creates or adds to the extent of storm sewers along private property frontages changing the fundamental characteristics and functions of the integrated system.

Understanding how the characteristics and functions of the overall catchment area can be affected by ditch alteration is critical to the process of preserving existing levels of service.

· DRAFT In the absence of a catchment-wide engineering approach, the implication of random ditch alteration can significantly reduce or eliminate beneficial functions of the system which can translate to significant detrimental effects to both public property and private property through reduced infrastructure life expectancies, uncontrolled surface flooding, basement flooding, and overall network conveyance and capacity issues.

· Approval of one-off installations in the absence of considering a systematic engineered assessment have the potential to prevent approval of subsequent requests and can generally not be converted to continuous pipe networks in the future.

· Provincial requirements are such that ditch alteration (piping in excess of private approach extents) must comply with the Ministry of the Environment’s Certificate of Authorization (C of A) process

7.2 GENERAL PROCESS REQUIREMENTS

General requirements relevant to a ditch alteration request received by the City, follow:

· A project will only be undertaken if supported by an engineering assessment of the local drainage area, with consideration of the receiving system.

· The City will undertake the engineering assessment.

· If the engineering assessment does not support ditch alteration for an area, then any application to undertake such a project in the area will be denied.

· If the engineering assessment supports ditch alteration, the assessment will define the scope of ditch alteration works to be permitted and/or required for successful drainage system operation. The design of works will be based on criteria further listed in this section and the City’s Sewer Design Guidelines.

· Within urban areas, villages and estate lot subdivisions,

o a non-binding survey-of-interest (50% interest or greater), circulated among local property owners, will be required to gauge the level of interest in altering the ditch system and to justify the application of City resources to undertake the engineering assessment.

o ditch alteration will only be considered as a Local Improvement initiative, initiated by a Local Improvement Petition process. This approach will capitalize on economies of scale, minimize disruption, and provide consistent levels of service to adjacent properties.

o cost recovery for a Local Improvement project would be from all benefiting property owners.

· In areas outside urban areas, villages and estate lot subdivisions,

o consideration of ditch alteration on a property-by-property basis could be considered on an exception basis. However, in all cases, a request will only be permitted if supported by an adequate technical assessment.

o DRAFT cost of any ditch alteration project which benefits a single property in a rural area, will be at the proponent’s expense.

7.3 ENGINEERING ASSESSMENTS

Proceeding with ditch alteration requests will be on the basis of the outcome and recommendation of engineering assessments on the following basis:

The City will determine the logical project limits on a network wide basis, on system design requirements and on overall cost benefits (e.g. entire street, completion of a sector, completion of a drainage basin, etc.)
To address technical feasibility issues, the project limits for any ditch alteration request, regardless of how it was initiated, may go beyond the route that will immediately benefit the proponent property owner(s). Additional or connecting works may be necessary to provide the facility requested, such as an external sewer outlet, and the cost for such works will be part of the total project cost.
If the engineering assessment indicates that ditch alteration is not recommended for a drainage area, then ditch alteration will not be considered further for the particular area.

In order to facilitate considering requests, the investigation and design process will progress according to the following general criteria:

· The City will proactively undertake engineering assessments of specific areas serviced by ditches on an annual basis in order to determine the potential impacts of ditch alteration and to document the technical requirements necessary to allow expedited review and approval of such proposals as they come forward.

· If a request is received from a local community or a property owner regarding ditch alteration for an area in advance of the City’s engineering assessment program, subject to receipt of a successful survey of interest the request will be held pending completion of the analysis, and budget considerations permitting, that area may be considered for review sooner.

Although some engineering assessments will vary in extent regardless of the complexity of the study, the content of the assessment is to include as a minimum, but not be limited to, the following:

confirm the ditch system is not a Municipal Drain,
determine the impact of ditch alteration on wetlands and fish habitat,
determine the feasibility of altering the ditch system,
identify the drainage basin or catchment area and tributary,
identify outlets, routing and grade requirements
identify allowable and design flows,
confirm outlet capacity
determine the impact on the outlet,
determine storm water quantity & quality requirements,
determine erosion control requirements
assess ditch alteration impacts for major storm event system response and performance
address the impact of backwater on the proper operation of septic systems and sump pump discharges from foundation drainage
maintain, or improve, existing levels of service
provide design calculations and recommendations based on City of Ottawa Sewer Design Guidelines
provide design submissions necessary to meet Ministry of the Environment Certificate of Authorization (C of A) requirements

7.4 DITCH ALTERATION PROJECT IMPLEMENTATION

Ditch alteration may proceed once the following criteria have been satisfied:

· There is an approved engineering assessment for the drainage area addressing the required content and recommending that ditch filling can proceed without detrimentally impacting the area.

· For a project in the urban area or village, the City has received a sufficient Local Improvement Petition from the requesting area, the petition has fulfilled the provincial legislative criteria and has been certified by the City Clerk, and the ditch filling project has received approval from Committee and Council to proceed.

· For a project in the rural area, the City has received written confirmation from the proponent(s) agreeing to pay all costs associated with the ditch filling project.

· The City has determined that the ditch alteration will not interfere with utilities, any other City capital works or maintenance work planned for the area.

· Designs for the ditch alterations will be in conformance to City of Ottawa Sewer Design Guidelines, construction standards and specifications.

The City will undertake all designs, design circulations, coordination with other agencies and required approvals, including a Ministry of the Environment C of A as may be required. Project tendering and construction processes required to install the ditch alteration will be managed and administered by the City.

8. Financing principles

Cost apportionment for work undertaken under the provisions of this policy will be shared between all property owners benefiting from the work following the process described in the City’s Local Improvement Policy.

9. Responsibilities

DRAFT This section identifies the principal roles and responsibilities assigned to City staff for the policy. More detailed roles and responsibilities may be captured in a separate procedures document.

Water and Wastewater Services Branch – Wastewater & Drainage Services will:

be the initial point of contact for drainage related enquiries;
triage the requests between private property grading and drainage issues and ditch alteration project candidates;
manage private property drainage issues;
dispatch ditch alteration project candidates to Infrastructure Services Branch.

Infrastructure Services Branch – Infrastructure Management will :

· Be the main liaison for ditch alteration requests between property owners;

· Be responsible for undertaking engineering assessments of ditch systems as part of the Capital Works Program identified under the approved City Budget;

· Be responsible for the technical aspects of investigation and assessment of the request;

· Be responsible for project scope definition;

· Be responsible for managing surveys-of-interest, and Local Improvement Petitions, as required;

· Be responsible to address the assessment of existing non-compliant ditch alteration in order to direct the enforcement requirements

Infrastructure Services Branch – Construction Services will:

· Process the Ministry of Environment C of A applications, under delegated authority to the City;

· Provide project management services through the detail design, construction and final inspection of the ditch alteration

Various Operational Divisions will:

· Provide supporting information in determining technical requirements.

Legal Services will:

· Provide supporting advice regarding determining sufficiency of Local Improvement Petitions

· Provide supporting advice regarding enforcement of by-law

Enforcement and Inspections will:

· Enforce by-laws, as required, in the event of non-compliance of a property owner to remove ditch alteration.

Financial Services will:

· DRAFT Recover non-payment of fines assessed by Enforcement and Inspections through property taxes, as required.

· Through property taxes, recover costs incurred by the City to remove a non-compliant ditch alteration, as required.

10. Contraventions

Provincial legislation states that “no person shall interfere with a municipal public utility without municipal consent” and “no person shall establish, alter, extend or replace new or existing sewage works except under and in accordance with an approval granted by a Director”. Similarly, municipal by-laws do not permit the alteration, filling or building on any watercourse constructed as a public storm sewer without first obtaining approval from the Deputy City Manager.

Following adoption by the City of a Ditch Alteration Policy and By-law Amendments, altering or unauthorized filling of a ditch or swale will be subject to enforcement, respecting of circumstance. With the adoption of a Ditch Alteration Policy, it is not the intention of the City to retroactively enforce non-compliant ditch alterations. Rather the approach for enforcement would change with the implementation of the Ditch Alteration Policy, as follows:

10.1 DITCH ALTERATION – BEFORE ADOPTION OF THE POLICY

Non-compliant or unauthorized ditch filling that was installed before adoption of the Ditch Alteration Policy will be managed through a progressive approach starting with written notice to the property owner that the installation will need to be removed upon the City identifying at its discretion; i) a potential detrimental effect to City owned infrastructure, ii) unsafe or failed conditions, or iii) the installation as a contributing cause to drainage issues, followed by removal by the City at that time without recourse.

10.2 DITCH ALTERATION – AFTER ADOPTION OF THE POLICY

Non-compliant or unauthorized ditch filling that is installed after adoption of the Ditch Alteration Policy will be enforced in accordance with the Drainage By-law.

11. References

Local Improvement Policy (Approved by Ottawa City Council May 10, 2006)

12. delegated authority of deputy city manager and director

The Deputy City Manager of Public Works and Services (PWS) Department and the Director of Infrastructure Services Branch (and their designates) have delegated authority to:

· interpret the procedures identified in this policy to their satisfaction

· DRAFT make revisions, additions and amendments of a technical or administrative nature to this policy.

13. Legislated & Administrative Authorities

This corporate policy is governed by Provincial and Municipal legislation and regulations, as follows:

13.1 PROVINCIAL

· Municipal Act, 2001

- Section 91 of the Act addresses public utilities in easements

· Ontario Water Resources Act

- Section 53 of the Act prohibits the altering, extension or replacement of existing sewage works without Director approval

13.2 MUNICIPAL

· Official Plan

- Section 2.3, Providing Infrastructure

- Section 2.3.3 Drainage and Stormwater Management Services

· Infrastructure Master Plan

- Section 6.0, Existing Systems

· Storm Water Management Strategy

· By-laws

- Private Approach By-law No. 2003-447

- Sewer Connections and Sewage Works By-law No. 2003-513

- Drainage By-law No. 2007-398

· Policies

- Local Improvement

· City of Ottawa Sewer Design Guidelines

14. Key Word Search

Relevant keywords in this document that are to be added to the Policy Manual Subject Index are:

· Catchment area

· Ditch

· Ditch alteration

· Drainage area

· Easement

· Roadside ditch

· Local improvement

· Logical limits

· Storm water quality

· Storm water quantity

DRAFT 15. Contact

For more information on this policy, contact the:

Manager, Infrastructure Management Division

Infrastructure Services Branch

Department of Public Works and Services

City of Ottawa

Tel: (613) 580-2424 ext. 21197

16. Definitions

“City” means the City of Ottawa.

“City forces” means employees of the City of Ottawa or its designated representatives.

“Deputy City Manager” means the Deputy City Manager of the Department of Public Works and Services or an authorized representative.

“catchment area” means the extent of the area served by a ditch drainage system.

“Certificate of Authorization (C of A)” means the Ministry of Environment document indicating the Ministry’s approval, under delegated authority to the City, to construct a storm sewer system.

“conveyance” means the positive grade, connectivity and capacity requirements to transmit storm water from one area to another.

“ditch” means a natural or artificial watercourse ranging from a depression, or swale, to an open channel that conveys storm water runoff from both public and private properties and has the same conveyance function as a piped sewer system.

“ditch alteration” means the addition of earthworks, landscaping works and pipes to a ditch system to eliminate a defined ditch conveyance system for storm water.

“drainage basin” means the extent of the area served by a ditch drainage system.

“easement” means the legal right for City staff to enter onto private property to maintain and operate storm water infrastructure as defined under provisions of Municipal Act 2001.

“foundation drainage” means groundwater collected by the weeping tiles installed around the footings of a dwelling, collected in an internal sump pit and discharged to the surface by a sump pumps. The water subsequently drains overland to be collected in the ditch system.

DRAFT “logical limits” means the extent of a pipe system necessary to achieve the best economic or physical benefit to the area.

“network” means the entire linked system, whether road, sewer or water, that identifies the connection of one part of the system to another.

“right-of-way” means the publicly owned property typically used for the location of roads, sewers, watermains, sidewalks and walkways.

“roadside ditch” means the open storm water system located on both sides of the roadway and which is used for the collection and conveyance of storm water.

“rural area” means the area outside the Public Service Area as defined by the City of Ottawa’s Official Plan.

“storm drainage system” means a storm water conveyance system of ditches and storm sewers.

“storm water quality” means the condition of the surface water from a sediment or pollutant loading perspective that requires addressing prior to discharge to a receiving watercourse.

“storm water quantity” means the volume of surface water required to be collected and conveyed by a ditch system or a piped sewer system.

“sub-grade drainage” means the groundwater collected by the granular roadbed structure.

“urban area” means the area public service area defined in the City of Ottawa’s Official Plan, and it also refers to development density as found in estate lot subdivisions and rural Villages.

“work” means the installation of the ditch filling project.

Attachment 3

Background Paper:

Managing Ditch Filling Requests

in the City of Ottawa

What is a Ditch?

A ditch is a natural or artificial watercourse ranging from a depression, or swale, to an open channel that conveys storm water runoff from both public and private properties.

What Are Ditches For?

The City of Ottawa has approximately 5,650 km of roadside ditches. About 10% are located in the urban area and 90% in the rural area. Ditches are usually located within road allowances owned by the City, but may also be located in registered and unregistered easements outside the road allowances. It is important to note there are some drainage courses located in the City (mainly in the rural area and usually not along the roadside), that are Municipal Drains governed by the Drainage Act that are outside the scope of the ditch filling process.

Ditches do a lot more than provide a drainage outlet for stormwater runoff, roadway sub-grades, and foundation drains. Ditches also provide several stormwater management (SWM) functions that result in:

· a reduction in downstream peak flow rates;

· improved water quality in surface water bodies; and

· a contribution to the protection of fish habitat.

Ditches and Storm Water Management

In heavy rain, culverts and ditch inlets that convey runoff into sewer systems typically control the rate of flow into a downstream drainage system. Excess runoff is temporarily stored in the ditch. In a system that is properly designed and maintained, the stored water will drain away within a few hours following a large storm. The flow through a ditch system is also slowed down by vegetation, which filters out and assimilates pollutants typically found in runoff. Flow reduction and storage of runoff in ditches also promotes infiltration to replenish the groundwater table, reduce the discharge of pollutants to surface water bodies, and lessen the impacts of small rainfall events on fish habitat. In fact, new ditch systems are sometimes specifically designed with enhanced infiltration and pollutant removal characteristics.

Who Maintains Ditches?

A recent survey of private property drainage inquiries and complaints has shown that homeowners are generally unaware of their responsibilities and obligations for drainage management in general. Responsibilities for drainage management on private property are outlined in subdivision agreements & covenants attached to deed of transfer.

Maintenance of roadside ditches located in the road allowance is a City responsibility. However, driveway culverts are the responsibility of the local property owner.

To maintain trouble-free drainage of runoff, where practical, property owners with ditches adjacent to their property are expected to:

· maintain the driveway culvert and ditch area;

· remove leaves and other debris as they accumulate in the ditch;

· regularly mow the grass in the ditch; and

· avoid altering grades, yard slopes, or obstructing the drainage system in any way.

What is the interest in Ditch Filling requests?

Many property owners are interested in piping ditches within or adjacent to their property based on aesthetic values, to make grass-cutting easier, or to eliminate the temporary ponding of runoff. Residential landscaping has become more popular and dramatic in recent years, which sometimes involves changes to property grades and ditch conditions.

What are the Impacts of Ditch Filling?

When a ditch is filled in and replaced with a pipe, most of the SWM benefits described previously are compromised to some degree. The cumulative impact of many ditch filling projects within the same drainage area is likely to increase downstream peak flows and degrade the quality of runoff reaching surface water bodies. If implemented without appropriate technical analysis or design guidelines, ditch filling could result in upstream flooding or local infrastructure maintenance problems. A disruption in the flow of water from a single property can impact the integrity of a drainage system for many others.

Over time, both authorized and unauthorized filling of ditches have occurred in many neighbourhoods in Ottawa. Ditch filling projects are still occurring, in limited instances with the consent of the City, but in most cases without any involvement by the City.

What Authority Does the City Have to Regulate Ditch Filling?

Section 53 of the Ontario Water Resources Act states that “no person shall interfere with a municipal public utility without municipal consent” and “no person shall establish, alter, extend or replace new or existing sewage works except under and in accordance with an approval granted by a Director”. The definition of sewage works includes ditches. However, it should be noted that there are no legislative instruments that impose an obligation on the City to respond to drainage complaints.

The City has full authority to regulate and control grading of private property, and can pass a By-law or rely on easements and subdivision agreements to manage grading issues. The City also has the authority to pass a bylaw that prohibits the alteration, filling or building on any watercourse constructed as a public storm sewer without first obtaining City approval. As part of the harmonization of the Sewer Connection By-law (2003-513) limited provisions were included related to ditch filling. However, the current provisions are considered insufficient to adequately administer and enforce a ditch filling process. Revisions that facilitate effective ditch management are needed.

Enforcement

The unauthorized filling of ditches often goes unchecked if the City is not notified by local residents about any negative impacts. Once notified, the City often contacts the property owners where non-compliant or unauthorized ditch filling has been identified and requests substantiation that the ditch filling complies with City Sewer Design Guidelines or requests reinstatement of the ditch. Failure of the property owner to comply has obligated the City to intervene, as required, to assess fines and/or arrange for reinstatement at the property owner’s expense.

What Does a Ditch Filling Project Involve?

A ditch filling project is not simply a matter of installing a pipe in a ditch and covering it with topsoil and sod. The pipe must be sized based on a technical analysis of the drainage system, appropriate pipe slope and bedding is required, adequate cover must be provided, a shallow swale must be maintained above the pipe to collect local runoff, and catch basins are required between every driveway to drain this surface runoff into the pipe. Ditch filling projects should be done in accordance with the City’s Sewer Design Guidelines.

What Were the Ditch filling Rules Before?

The former municipalities that make up the existing City of Ottawa had various rules and approaches for dealing with requests to fill ditches. These rules were inconsistent and problematic. Typically, authorizations for ditch filling were granted in response to requests from individual property owners, and restricted to the specific site, rather than considering the entire contributing drainage area.

What Are The Current Ditch Filling Rules in Ottawa?

No alteration of the roadside ditch drainage system is permitted without City approval.

Since July 2007, the City has temporarily suspended considering new ditch filling requests. This abeyance will remain in place until a proposed Ditch Filling Policy and By-Law has been fully developed and approved by Council.

The necessity for suspending ditch filling requests is based on the recognition that responding to singular applications by individual property owners is an inefficient approach to assessing the feasibility of ditch filling within a given drainage area, and does not facilitate any understanding of the cumulative impacts of ditch filling projects on the drainage system.

What is the Way Forward?

Prior to temporarily halting consideration of ditch filling requests in July 2007, a new administrative process was in the process of development. This process encouraged a community-based approach through the local improvement process, and also facilitated a technical assessment of applications by individual property owners. A technical assessment process was developed by the City in 2006 and implemented to deal with a backlog of about 60 individual requests that had been received by the City since 2003.

The technical assessment process recognizes that the random and discontinuous filling of individual ditches, without consideration of the broader drainage system, can increase the potential for flooding due to a loss in system storage capacity.

The cumulative impact of this random practice has resulted in problems managing new requests, increased infrastructure maintenance requirements, and reduced level of service leading to instances of flooding. A technical assessment that is focused on an individual ditch filling request is inherently deficient, in that the cumulative impacts on the drainage system cannot be determined.

A Drainage System Approach is preferred because it is the only way to determine if ditch filling is appropriate, and if so, how the project should be completed. This approach would involve the assessment of roadside ditch filling for an entire drainage system that shares a common drainage outlet.

With a drainage system approach, consideration of the potential impacts on peak flows and water quality is possible. Such an approach would:

· address all local drainage capacity issues, and identify local and downstream SWM requirements (if any);

· provide a well documented engineered system designed for appropriate operations and maintenance activities;

· be less expensive on a per house basis (compared to cumulative cost of a piecemeal approach); and

· be more likely to prevent the proliferation of unapproved ditch filling.

What Are Other Municipalities Doing?

The City has completed a survey of ditch filling practices from peer municipalities in Ontario and across North America. In all, input was received from 20 municipalities. For the most part, most municipalities have some form of process to manage ditch filling requests. In some jurisdictions, no ditch filling is permitted under any circumstance. Some have specified requirements that have to be satisfied such as providing adequate drainage capacity, pipe cover, and/or sufficient roadside snow storage. In general, ditch filling for the purpose of improving roadside aesthetics and ease of grass cutting were not considered to be valid rationale. The principles and strategies that have recently been proposed by staff to manage ditch filling requests in the City of Ottawa are consistent with, and in some cases based on, the practices followed by the majority of the peer municipalities that were surveyed.

A New Approach to Ditch Filling: What’s the Big Picture?

The proposed ditch filling Policy and By-law are being drafted to be consistent with the City’s Official Plan, the Infrastructure Master Plan (IMP), the recently approved SWM Strategy Policies and Drainage By-law. These are briefly discussed below.

Official Plan and Infrastructure Master Plan

The City’s Official Plan recognizes that the planning of SWM should be carried out at the subwatershed level, and sets out very broad policies related to drainage. The IMP explains that management of the existing drainage systems will be undertaken through operational reviews, on-going rehabilitation and other City programs aimed at maintaining the cost-effectiveness and value of the City’s stormwater collection systems. The IMP also emphasizes the importance of lot level and conveyance controls (such as appropriately designed ditches), which are effective in mitigating the impacts of small rainfall events on the systems that sustain fish habitat.

The IMP also makes specific reference to the need for major system remediation in existing areas to provide safe conveyance of overland flow during very large storms without creating flooding problems. The filling of ditches can compromise this objective.

Storm Water Management (SWM) Strategy

The SWM Strategy provides detailed direction on existing drainage systems, with specific reference to ditch systems.

The Strategy initiative includes the following specific policy:

“Maintain the water quantity and quality benefits afforded by existing roadside ditches and swales.”

The policy also states that the City will:

“…develop a detailed approach to respond to ditch filling requests that ensures existing water quantity and quality benefits are matched or exceeded.”

Objectives set out in the SWM Strategy that are of particular relevance include those to:

· Preserve and/or re-establish a more natural hydrologic cycle.

· Reduce of the impact of non-point source runoff on receiving watercourses.

· Integrate SWM planning and other City programs and functions.

· Implement, rehabilitate and maintain SWM infrastructure to achieve SWM objectives while minimizing lifecycle costs.

The changes in direction that the City is taking with the SWM Strategy that are most relevant to the development of the new approach to ditch filling in the City are as follows:

· The past approach is focused more on controlling flooding, whereas the new direction considers impacts of more frequent events and emphasizes reducing runoff volume through infiltration.

· The past approach is focused on end-of-pipe treatment, whereas the new direction promotes treatment at the source and in the conveyance system.

· The past approach is focused on SWM in newly developing areas, whereas the new direction also addresses SWM in existing urban areas.

In addition to specific reference to the development of a new and detailed approach to ditch filling requests, the most relevant policies described in the SWM Strategy include:

· Promote and facilitate the implementation of retrofit SWM measures to reduce the volume of runoff to urban streams. To this end, the City is expected to prepare and implement a SWM retrofit plan that will identify and exploit opportunities to promote and implement lot level and conveyance measures.

· Improve the existing level of flood protection for known floodprone areas, or areas with major and/or minor system deficiencies.

· Undertake operational activities to improve the quality of runoff. For example, these activities could include appropriate maintenance of ditch vegetation.

· Undertake SWM planning on a subwatershed basis.

· Ensure that the planning and design of SWM infrastructure is adequately supported by sufficient field data.

The SWM Strategy policies for greenfield development promote design approaches that will avoid surcharged operating conditions for drainage systems, and retaining sufficient major (overland flow) system capacity within public control to prevent flooding of private property. These concepts are also of relevance to the renewal of existing drainage networks, including ditch systems.

Drainage By-Law

In September 2007, City Council passed a Drainage By-law (By-law No. 2007-298) prohibiting the obstruction or alteration of ditches, other types of drains, and property grades, as well as regulating their maintenance and repair. The By-law includes provisions that allow the City to take remedial action in cases that involve impacts to private property, even though the City has no legal obligation to ensure adequate drainage on private property. City Council also approved a public education program to inform property owners of their responsibilities related to drainage management.

The By-law was based on the findings of the Private Property Drainage Study, which was recently carried out by the City. The study had concluded that most private property problems result from homeowners altering property grades, or improperly maintaining ditches and swales, without knowledge or concern for the impact on drainage. In addition to recommending a public education program, the study also recommended a number of measures that would improve City coordination of drainage issues, and improve the regulation, design and documentation of private property drainage systems.

New Directions for Managing Ditch Filling requests

The following strategic goal will govern the management of ditch filling in the City of Ottawa, and guide the development of a ditch filling policy and By-law:

DITCH FILLING STRATEGIC GOAL

Allow ditch filling where technically feasible based on catchment wide analysis and without detrimental impacts to public or private property, or to the quantity and quality of drainage.

This goal implies the preservation of the functions currently provided by existing ditches and swales, based on a clear understanding of local drainage system hydrology and hydraulics.

The key concepts that are fundamental to achieving this goal can be summarized as follows:

· In established areas, ditch and swale drainage systems often provide the only opportunity to provide some stormwater quality, quantity and groundwater recharge benefits, without significant re-engineering.

· Understanding how the characteristics and functions of the drainage system can be affected by ditch filling is critical to the preservation of existing levels of service, and the mitigation of the potential cumulative impacts brought about by individual ditch filling projects.

· The random filling of ditches without appropriate engineering assessments, can significantly reduce or eliminate the beneficial functions of the drainage system. This can result in detrimental effects to public and private property through reduced infrastructure life expectancies, uncontrolled surface flooding, basement flooding, and overall network capacity issues.

The governing administrative principles that would support the strategic goal include:

· A clear process is needed to allow filling of ditches in a controlled and consistent manner.

· Review and approval processes need to be customer-focused and considerate of case-by-case circumstances.

· Altering or unauthorized filling of a ditch or swales must be subject to enforcement, respecting of circumstance.

The strategic goal will also be supported by the following key policies:

· Within urban areas or in villages, ditch filling will only be considered as a local improvement initiative, initiated by a petition process. This approach will capitalize on economies of scale, minimize disruption, and provide consistent levels of service to adjacent properties.

· A ditch filling project will only be undertaken if supported by an assessment of the local drainage area, with consideration of the receiving system.

· In areas outside urban areas or villages, consideration of ditch filling on a property-by-property basis could be considered on an exception basis. However, in all cases, a ditch filling request will only be permitted if supported by an adequate technical assessment.

· If the assessment does not support ditch filling for an area, then any application to undertake such a project in the area will be denied.

· The assessment will determine the scope of ditch filling works to be permitted and/or required for successful drainage system operation. The design of works will be based on the City’s Sewer Design Guidelines.

· Within urban areas or in villages, a non-binding survey-of-interest (50% interest or greater), circulated among local property owners, will be required to gauge the level of interest in piping the ditch system and justify the application of City resources to undertake the assessment.

· Cost recovery for a local improvement project would be from all benefiting property owners. The cost of any ditch filling project, which benefits a single property in a rural area, will be at the proponent’s expense.

Pro-active City Ditch Assessment Program

In order to assess opportunity areas and technical requirements, a pro-active City Ditch Assessment Program will be required. This Ditch Assessment Program would carry out engineering assessments of drainage areas serviced by ditches to evaluate the potential for ditch filling, thus permitting the expeditious review of future applications. Based on the results of these assessments, the City may initiate a local improvement process for each area where ditch filling is considered to be in the City’s interest. The pace of the program will be subject to available capital budget and other budget priorities. Local improvement requests that are received from communities will be expected to influence the City’s study program priorities.

One Size Does Not Fit All

Roadside ditches are used for conveying storm drainage in both the urban and rural areas. For the most part ditches and swales are the only drainage systems to convey stormwater in rural areas. Villages and estate lot subdivisions in the rural areas, have relatively dense property configurations compared to other rural properties. The impact of random and discontinuous ditch filling in these areas will have greater potential for detrimental impact on the community. It is expected that requests for ditch filling in Villages and estate lot subdivisions in the rural area will be considered in the broader catchment-wide context, as will be the case for the urban areas of the City. In other parts of the rural area, where development is less dense, ditch filling could be considered on a property-by-property basis. However, in all cases, ditch filling would have to be supported by a technical assessment.

Who will be Consulted?

The ditch filling principles and strategies described in this document will be discussed in detail with staff at the local District office of the Ministry of Environment (MOE), and the local Conservation Authorities. From past contact, these agencies have indicated support for maintaining ditches to the extent possible, to ensure that the SWM functions currently provided by ditch systems continue to be provided in some manner in the future. From earlier communication, the Conservation Authorities have requested involvement in approvals when a ditch is part of, or is directly connected to a natural system, or is part of an approved SWM plan or master drainage plan for a development area.

While some internal consultation has taken place at the City, further consultation will occur with affected branches as part of the development of the Ditch Filling by-law. The City will also be consulting with the Environmental Advisory Committee and the Rural Issues Advisory Committee. A number of consultation initiatives will also be carried out to obtain input from the general public, including notification via various media.

Next Steps

City staff will be preparing a final policy and a By-law based on the principles, strategies and policies outlined in this document, and the input received from the various internal and external groups. These documents will be presented to Committee and Council for consideration by early 2008, so that implementation can take place by Spring 2008.