Loading...
HomeMy WebLinkAboutFebruary 01, 2024 - Public - Drainage - Peters Drain Branch DTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM DRAINAGE PUBLIC MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, February 1, 2024 8:00 p.m. – Peters Drain Branch D The February 1, 2024 Drainage Public Meeting will allow for a hybrid meeting function. You may attend in person or virtually through the live-stream on the Municipality of Bayham’s YouTube Channel 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. PURPOSE OF THE MEETING A. Peters Drain Branch D Public Notice Pursuant to Chapter D17, Section 41 of the Drainage Act the purpose of the public meeting is to consider Engineer’s Report #222225 which proposes construction of a new branch of the Peters Drain to be referred to as the Peters Drain Branch “D”, serving parts of Lots 6, Concession 9 in the Municipality of Bayham. 4. STAFF PRESENTATION A. Report DR-03/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re Peters Drain Branch D Consideration Report 5. ENGINEERS REMARKS 6. PUBLIC PARTICIPATION 7. CORRESPONDENCE 8. DISPOSITION 9. ADJOURNMENT The Corporation of the Municipality of Bayham NOTICE OF A PUBLIC MEETING CONCERNING THE PROPOSED DRAINAGE WORKS FOR THE PETERS MUNICIPAL DRAIN IN THE MUNICIPALITY OF BAYHAM TAKE NOTICE that further to Chap. D.17, Section 41 of the DRAINAGE ACT, the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, February 1, 2024 at 8:00 p.m. at the Bayham Municipal Office, 56169 Heritage Line, Straffordville Ontario. THE PURPOSE of the meeting is to inform area landowners that Council will consider the enclosed Engineer’s Report #222225 filled with the Clerk at the Bayham Municipal Office on December 8, 2023 regarding the proposed construction of a new branch of the Peters Drain to be referred to as the Peters Drain Branch “D”, serving parts of Lots 6, Concession 9 in the Municipality of Bayham. The work was initiated from a request. ANY PERSON may attend the meeting and/or make a written or verbal representation in support of, or in opposition to the proposed drainage works by forwarding your comments to the Municipal Office prior to the meeting. ADDITIONAL INFORMATION relating to the proposed drainage works may be obtained by contacting the Drainage Superintendent Steve Adams at the Municipal Office, 56169 Heritage Line, PO Box 160, Straffordville, Ontario N0J 1Y0, Telephone: 519-866-5521, Monday – Friday 8:30 a.m. – 4:30 p.m. Dated at STRAFFORDVILLE, in the MUNICIPALITY OF BAYHAM, in the PROVINCE OF ONTARIO, this 5th day of January, 2024. Meagan Elliott Clerk PETERS DRAIN BRANCH ‘D’ Municipality of Bayham Our Job No. 222225 December 6, 2023 London, Ontario December 6, 2023 PETERS DRAIN BRANCH ‘D’ Municipality of Bayham To the Mayor and Council of the Municipality of Bayham Mayor and Council: We are pleased to present our report on the construction of the Peters Drain Branch ‘D’ Municipal Drain serving parts of Lot 6, Concession 9 in the Municipality of Bayham. AUTHORIZATION This report was prepared pursuant to Section 4 of the Drainage Act. Instructions were received from your Municipality with respect to a motion of Council. The work was initiated by a petition signed by the owners whose lands contain over 60 percent of the area requiring drainage. DRAINAGE AREA The total watershed area as described above contains approximately 1.2 hectares. The area requiring drainage for Peters Drain Branch ‘D’ is described as the lands located adjacent to the northeast corner of Eden Line and Culloden Road. The lands contain two residential severances being developed by the petitioner. EXISTING DRAINAGE CONDITIONS A site meeting held with respect to the project and through later discussions the owners reported the following: • that the developer’s engineer indicated that their client’s intention is to sever two residential lots from their lands and therefore needed a legal outlet to do so • that the Drainage Superintendent for the Municipality of Bayham indicated that a legal outlet was required as a condition of severance and that the Peters Drain was the most suitable outlet PETERS DRAIN BRANCH ‘D’ Municipality of Bayham 2 EXISTING DRAINAGE CONDITIONS (cont’d) A field investigation and survey were completed. Upon reviewing our findings we note the following: • that the Peters Drain, located on the west side of Culloden Road, would provide an outlet for proposed severances DESIGN CONSIDERATIONS The Drainage Coefficient method contained in the "DRAINAGE GUIDE FOR ONTARIO", Publication 29 by the Ontario Ministry of Agriculture, Food, and Rural Affairs (OMAFRA) is typically used to design municipal drains. The Drainage Coefficient defines a depth of water that can be removed in a 24-hour period and is expressed in millimetres per 24 hours. The coefficient used to design this drain with respect to capacity was 75mm per 24 hrs. We would like to point out that there have been indications of sandy soil conditions. It should be noted that no formal soil investigation has been made, with this information being provided by the owners. The proposed design and report have been generally completed using the “GUIDE FOR ENGINEERS WORKING UNDER THE DRAINAGE ACT IN ONTARIO” OMAFRA Publication 852. RECOMMENDATIONS We are therefore recommending the following: • that a new branch, to be referred to as the Peters Drain Branch ‘D’, be constructed commencing at the Peters Drain Extension and travel east under Culloden Road, through the severed lots, to just within the retained lands of the Corinth Community of Christ (Roll No. 5-063-00), for a total length of 112 lineal meters • that catchbasins be installed along the course of the drain to alleviate surface water flows and provide access points to the drain • that the lot grading be completed in accordance with the lot grading plan prepared by C.J.D.L. dated September 26, 2023 • that the lands are now being included in the Peters Drain (Main Drain) and should be added to the existing Schedule of Assessment in the report by J.M. Spriet., P. Eng., dated July 21, 2003, in the following manner through Section 65(3), the previous report had a cost of $7500.00/ha. The additional line shall read as follows: 9 Pt. Lot. 6. 1.16(ha.) Corinth Community of Christ $8,700.00 The assessment of $8,700.00 to the affected property, Corinth Community of Christ (Roll No. 5-063), should be back-assessed to the property and the assessment collected and placed on the drain ledger to be used for future maintenance cost PETERS DRAIN BRANCH ‘D’ Municipality of Bayham 3 RECOMMENDATIONS (cont’d) • that the lands are now being included in the Peters Drain Extension and should be added to the existing Schedule of Assessment in the report by J.M. Spriet., P.Eng., dated June 9, 2006, in the following manner through Section 65(3), the previous report had a cost of $13,700.00/ha. The additional line shall read as follows: 9 Pt. Lot. 6. 1.16(ha.) Corinth Community of Christ $1,000.00 The increased assessment of $1,000.00 to the affected property, Corinth Community of Christ (Roll No. 5-063), should be back-assessed to the property and the assessment collected and placed on the drain ledger to be used for future maintenance cost • that the Maintenance Schedule for the Peters Drain (Main Drain) be updated to include these lands that are being added to the watershed • that the Maintenance Schedule for the Peters Drain (Extension) be updated to include these lands that are being added to the watershed ENVIRONMENTAL CONSIDERATIONS AND MITIGATION MEASURES There are no significant wetlands or sensitive areas within the affected watershed area or along the route of the drains. The proposed construction of the Peters Drain Branch ‘D’ includes quarry stone outlet protection and surface inlets which greatly help reduce the overland surface flows and any subsequent erosion. A temporary flow check of silt fencing is to be installed in the ditch downstream of the tile outlet for the duration of the construction. SUMMARY OF PROPOSED WORK The proposed work consists of approximately 112 lineal meters of 200mm (8") diameter H.D.P.E. sewer pipe, including related appurtenances. SCHEDULES Three schedules are attached hereto and form part of this report, being Schedule 'A' - Allowances, Schedule 'B' - Cost Estimate, and Schedule 'C' - Assessment for Maintenance. Schedule 'A' - Allowances. In accordance with Section 29 of the Drainage Act, allowances are provided for right-of-way along the route of the drain as defined below. Schedule 'B' - Cost Estimate. This schedule provides for a detailed cost estimate of the proposed work which is in the amount of $8,900.00. This estimate includes engineering and administrative costs associated with this project. Schedule 'C' - Assessment for Maintenance. In accordance with Section 38 of the Drainage Act, this schedule outlines the distribution of future repair and/or maintenance costs for portions of, or the entire drainage works. PETERS DRAIN BRANCH ‘D’ Municipality of Bayham 4 SCHEDULES (cont’d) Drawing No.1, Job No. 222225, and specifications form part of this report. They show and describe in detail the location and extent of the work to be done and the lands which are affected. ALLOWANCES RIGHT-OF-WAY Section 29 of the Drainage Act provides for an allowance to the owners whose land must be used for the construction, repair, or future maintenance of a drainage works. For tile drains where the owners will be able to continue to use the land, the allowance provides for the right to enter upon such lands, and at various times for the purpose of inspecting such drain, removing obstructions, and making repairs. Also, the allowance provides for the restrictions imposed on those lands to protect the right-of-way from obstruction or derogation. The amounts granted for right-of-way on tile drains is based on a percentage of the value of the land designated for future maintenance. Therefore, the amount granted is based on $6,670.00/ha. through cropped lands. This value is multiplied by the hectares derived from the width granted for future maintenance and the applicable lengths. ASSESSMENT DEFINITIONS In accordance with the Drainage Act, lands that make use of a drainage works are liable for assessment for part of the cost of constructing and maintaining the system. These liabilities are known as benefit, outlet liability and special benefit liability as set out under Sections 22, 23, 24 and 26 of the Act. BENEFIT as defined in the Drainage Act means the advantages to any lands, roads, buildings or other structures from the construction, improvement, repair, or maintenance of a drainage works such as will result in a higher market value or increased crop production or improved appearance or better control of surface or sub-surface water, or any other advantages relating to the betterment of lands, roads, buildings, or other structures. OUTLET liability is assessed to lands or roads that may make use of a drainage works as an outlet either directly or indirectly through the medium of any other drainage works or of a swale, ravine, creek, or watercourse. In addition, a Public Utility or Road Authority shall be assessed for and pay all the increased cost to a drainage works due to the construction and operation of the Public Utility or Road Authority. This may be shown as either benefit or special assessment. ASSESSMENT We assess the entire cost of this report to the developer of the Subdivision. It should be noted that the construction costs were paid directly by the developer and are not included in this report. It is also to be noted that the cost of this report is not eligible for the Provincial Agricultural Grant. PETERS DRAIN BRANCH 'D' Municipality of Bayham REPORT DRAINAGE TO: Mayor & Members of Council FROM: Steve Adams, Manager of Public Works|Drainage Superintendent DATE: February 1, 2024 REPORT: DR-03/24 SUBJECT: PETERS DRAIN BRANCH “D” CONSIDERATION REPORT BACKGROUND The purpose of this Report is to hold a Public Meeting to consider Spriet Associates Engineer’s Report No. 222225, received from Spriet Associates and dated December 6, 2023, and filed with the Clerk on December 8, 2023. On July 21, 2022, a request was received from Cheryl Brooks, pastor of the Community of Christ at the property of 54246 Eden Line as Concession 9 S Lot 6 with in the Municipality of Bayham. On August 18, 2022, Council appointed Spriet Associates to make an examination of the drainage area and prepare a report for Council’s consideration. On December 8, 2023, the Engineer’s Report was filed with the Municipal Clerk. The report was submitted utilizing the existing Peters Drain as an outlet. The report indicates a new extension off the existing drain would need to be installed across County Road 46 (Culloden Road) to service the future two (2) lots being severed by the Community of Christ Church. On January 5, 2024, Staff proceeded to mail a Notice under the Drainage Act of Public Meeting to all interested parties. A Notice of Public Meeting, pursuant to Chapter D17, Section 41 of the Drainage Act, was prepared. This Notice confirmed that the Municipality will hold a Public Meeting on Thursday February 1, 2024 at 8 p.m. to consider the proposed construction of the drainage works known as the Peters Drain Branch “D”. The Notice of Public Meeting and a copy of the Engineer’s Report were mailed to: (a) Every landowner within the area requiring drainage. (b) Clerk of every other local municipality in which any land or road that is assessed for the drainage works, or for which compensation or other allowances have been provided in the report is situate. (c) Any public utility, railway company or road authority that may be affected. (d) Long Point Region Conservation Authority. (e) The Ministry of Natural Resources. (d) The Director, of the Ministry of Agriculture, Food and Rural Affairs. Pursuant to Section 42 of the Drainage Act, Council of the initiating municipality shall give an opportunity to any person to withdrawal from the petition, sign the petition or speak to the matter. If, at the end of such Council meeting, the petition contains a sufficient number of names to comply with Section 4, the Council may proceed to adopt the report by giving two readings by Council to the Provisional By-law and set the date for the first sitting of the Court of Revision. DISCUSSION Following the Engineer’s presentation at the Public Meeting, landowners and all other affected parties are given the opportunity to voice their concerns relating to any design aspect of the report. If for any reason the report should be reconsidered, Council may refer the report back to the engineer. In addition, landowners in the area requiring drainage shall be given an opportunity to withdraw or add their names to the petition. This shall include affected Municipalities if their lands or roads are within the area requiring drainage. If the petition does comply with Section 4, Council may proceed to adopt the report by giving two readings to the attached Provisional By-Law. STRATEGIC PLAN Not applicable. RECOMMENDATION THAT Report DR-03/24 re Peter’s Drain Branch “D” Consideration Report be received for information; AND THAT, in accordance with Sections 44 to 46 of the Drainage Act, the Council of The Corporation of the Municipality of Bayham hereby adopts Spriet Associates Report No. 222225, dated December 6, 2023, referred to as the “Peters Drain Branch “D” report; ANDTHAT Provisional By-law No. 2024-004 be given first and second reading; AND THAT the Clerk be directed to distribute copies of the Provisional By-law and Notice of the time and place of the first sitting of the Court of Revision to the affected parties pursuant to Section 46(2) of the Drainage Act; AND THAT a date of March 7, 2024 at 8:00 p.m. be set for the first sitting of the Court of Revision. Respectfully Submitted by: Reviewed by: Steve Adams Thomas Thayer, CMO, AOMC Manager of Public Works|Drainage Superintendent Chief Administrative Officer