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HomeMy WebLinkAboutBy-law No. 2025-028 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2025-028 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE COUNTY ROAD 43 DRAIN WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following lands and roads be drained by drainage works: Parts of Lot 1, Concession 3 in the Municipality of Bayham; AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 224307, prepared by Spriet Associates, dated March 28,2025 which is attached hereto as Schedule "A", and forms part of this By-law; AND WHEREAS the estimated total cost of constructing the drainage work is $17,800.00; AND WHEREAS the Council is of the opinion that the drainage of the area is desirable; NOW THEREFORE the Council of the Municipality of Bayham enacts as follows: 1. Engineer Report No. 224307, dated March 28, 2025 and attached hereto, is hereby adopted and the drainage works as therein indicated and set forth are hereby authorized and shall be completed in accordance therewith; The Corporation of the Municipality of Bayham may borrow, on the credit of the Corporation, the amount of$17,800.00 being the amount necessary for the drainage works or other tendered and awarded amount by Council; 3 The Corporation may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of, (a) grants received under Section #85 of the Act; (b) commuted payments made in respect of lands and roads assessed within the municipality; (c) monies paid under Subsection #61(3) of the Act; and monies assessed in and payable by another municipality, and such debentures shall be made payable within five (5) years from the date of the debenture and shall bear interest at the rate established by the Ontario Ministry of Agriculture, Food and Rural Affairs pursuant to the Tile Drainage Act as of the date of passing of this By-law. - 2 - A special equal rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the same manner and at the same time as other taxes are collected in each year for five (5) years after the passing of this by-law. 4 For paying the amount of $0 being the amount assessed upon the lands and roads belonging to or controlled by the municipality, a special rate sufficient to pay the amount assessed plus interest thereon shall be levied upon the whole rateable property in the Municipality of Bayham in each year for five (5) years after the passing of this Provisional By-law to be collected in the same manner and at the same time as other taxes are collected. 5 All assessments of$500.00 or less are payable in the first year in which the assessment is imposed. 5. This By-law comes into force on the passing thereof. READ A FIRST AND SECOND TIME this 17' day of APRIL, 2025 and provisionally adopted this 17th day of APRIL, 2025. MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED this day of � MAYOR CLERK COUNTY ROAD No. 43 DRAIN — ALGAR EXTENSION Municipality of Bayham 0!1 SPRIET ASSOCIATES ENGINEERS&ARCHITECTS 155 York Street London,Ontario N6A 1A8 Tel-(519)672-4100 Fax(519)433-9351 E-mail MAILr@SPRIETON.CA Our Job No. 224307 March 28, 2025 London, Ontario March 28, 2025 COUNTY ROAD 43 DRAIN — ALGAR EXTENSION 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 County Road 43 Municipal Drain-Algar Extension serving parts of Lot 1, Concession 3, 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 area requiring drainage for the Algar Extension of the County Road 43 Drain is described as the proposed residential severances immediately south of the existing residential lots on the east side of County Road 43, approximately 420 lineal meters south of Calton Line. EXISTING DRAINAGE CONDITIONS A site meeting was held with respect to the project and, through later discussions, the owners reported the following: • that the landowner, Algar Farms Ltd. (Roll No. 8-063), was in the process of severing two (2) residential lots and required a legal outlet for each lot as a condition of severance A field investigation and survey were completed. Upon reviewing our findings, we note the following: • that the lands are tributary to the existing County Road 43 Drain constructed under a report by J.M. Spriet, P. Eng., dated March 18, 2005 Preliminary design, cost estimates, and assessments were prepared. Based on the proposed design it was decided to proceed with the petition. J SPRIET ASSOCIATES engineers&architects COUNTY ROAD 43 DRAIN —ALGAR EXTENSION Municipality of Bayham 2 DESIGN CONSIDERATIONS 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. 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 the County Road 43 Drain — Algar Extension be constructed in a southerly direction within the County Road 43 road allowance for a length of 43 lineal meters • that the two (2) new severances be given connections to the drain • that a catchbasin be installed along the course of the drain to capture surface flows from the new residential homes • that the lots be graded in accordance with the plans produced by Girard Engineering, dated August 19, 2024, on which the drainage work is based • that, to avoid surcharging of the drain back into the structures, no direct connections via weeping tiles, basement drains, or sump pumps be permitted If areas of poor soil are encountered at the time of construction it may become necessary to install the the on crushed stone bedding wrapped with geotextile or substitute plastic filter the through such areas. The additional costs of such work would be an extra to the project. These areas are typically identified at the time of construction but may only become apparent after construction is completed. In this case the extra costs for removal and reinstallation on stone bedding would be an extra to the project and, if already billed, become a supplementary billing. 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 County Road 43 Drain — Algar Extension includes 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 55 lineal meters of 150mm (6") to 200mm (8") diameter H.D.P.E. sewer pipe, including related appurtenances. J SPRIET ASSOCIATES engineers&architects COUNTY ROAD 43 DRAIN —ALGAR EXTENSION Municipality of Bayham 3 SCHEDULES Four schedules are attached hereto and form part of this report, being Schedule 'A' - Allowances, Schedule 'B' - Cost Estimate, Schedule 'C' - Assessment for Construction, and Schedule 'D' -Assessment for Maintenance. Schedule 'A' - Allowances. In accordance with Section 29 of the Drainage Act, allowances are provided for right-of-way to lands 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 $17,800.00. This estimate includes engineering and administrative costs associated with this project. Schedule 'C' - Assessment for Construction. This schedule outlines the distribution of the total estimated cost of construction over the roads and lands which are involved. Schedule 'D' - 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. Drawing No. 1, Job No. 224307, 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. 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 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. J SPRIET ASSOCIATES englneers&architects COUNTY ROAD 43 DRAIN —ALGAR EXTENSION Municipality of Bayham 4 ASSESSMENT A modified "Todgham Method" was used to calculate the assessments shown on Schedule 'D'- Assessment for Maintenance. This entailed breaking down the costs of the drain into sections along its route. The remainder is then separated into Benefit and Outlet costs. The Benefit cost is distributed to those properties receiving benefit as defined under "Assessment Definitions", with such properties usually being located along or close to the route of the drain. The Outlet Costs are distributed to all properties within the watershed area of that section on an adjusted basis. The areas are adjusted for location along that section and relative run-off rates. The actual cost of the work involving this report is to be assessed to the developer, Algar Farms Ltd. (Roll No. 8-063), as shown on Schedule 'C' -Assessment for Construction. MAINTENANCE Upon completion of construction, all owners are hereby made aware of Sections 80 and 82 of the Drainage Act which forbid the obstruction of or damage or injury to a municipal drain. After completion, the County Road 43 Drain - Algar Extension shall be maintained by the Municipality of Bayham at the expense of all upstream lands and roads assessed in Schedule 'D' - Assessment for Maintenance, and in the same relative proportions, until such time as the assessment is changed under the Drainage Act. Respectfully submitted, QPOF ESS/p�< �0 SP ASSOCIATES LONDON LIMITED 2y W J. M, C.SPRIEf L o J M. pr. P.Eng. JMS:bv �� J SPRIET ASSOCIATES engineers&architects 5 SCHEDULE 'A' -ALLOWANCES COUNTY ROAD 43 DRAIN -ALGAR EXTENSION Municipality of Bayham In accordance with Sections 29 and 30 of the Drainage Act, we determine the allowances payable to owners entitled thereto as follows: Section 29 Section 30 CONCESSION LOT ROLL NUMBER (Owner) Right-of-Way Damages TOTALS MAIN DRAIN 3 Pt. 1 8-063-Part 1 (Algar Farms Ltd.) $ 10.00 $ 10.00 $ 20.00 3 Pt. 1 8-063-Part 2 (Algar Farms Ltd.) 10.00 10.00 20.00 Total Allowances $ 20.00 $ 20.00 $ 40.00 TOTAL ALLOWANCES ON THE MAIN DRAIN $ 40.00 SCHEDULE 'B' - COST ESTIMATE 6 COUNTY ROAD 43 DRAIN -ALGAR EXTENSION Municipality of Bayham We have made an estimate of the cost of the proposed work which is outlined in detail as follows: MAIN DRAIN Installation of the following H.D.P.E. sewer pipe, including supply, installation & compaction of bedding and backfill materials. 12 meters of 150mm dia. H.D.P.E. pipe $ 1,000.00 43 meters of 200mm dia. H.D.P.E. pipe $ 5,200.00 Supply of the above listed pipe $ 1,200.00 Supply and install one 600mm x 600mm on-line catchbasin including grates, berms, ditching, leads, tee and any required prefab fittings $ 2,500.00 Exposing and locating existing tile drains and utilities $ 900.00 Tile connections and contingencies $ 500.00 ADMINISTRATION Interest and Net Harmonized Sales Tax $ 430.00 Survey, Plan and Final Report $ 4,500.00 Expenses $ 670.00 Supervision and Final Inspection $ 900.00 TOTAL ESTIMATED COST $ 17,800.00 7 SCHEDULE ' C ' -ASSESSMENT FOR CONSTRUCTION COUNTY ROAD 43 DRAIN -ALGAR EXTENSION Municipality of Bayham Job No. 224307 March 28, 2025 MAIN DRAIN We assess the entire cost of this report to the developer of the lots Algar Farms Ltd. (Roll No. 8-063) TOTAL ASSESSMENT ON THE MAIN DRAIN $17,800.00 8 SCHEDULE 'D' -ASSESSMENT FOR MAINTENANCE COUNTY ROAD 43 DRAIN -ALGAR EXTENSION Municipality of Bayham Job No. 224307 March 28, 2025 HECTARES PERCENTAGE OF CON. LOT AFFECTED ROLL No. (OWNER) MAINTENANCE COST MAIN DRAIN 3 Pt. 1 0.28 8-063-Part 1 (Algar Farms Ltd.) 35.1 % 3 Pt. 1 0.12 8-063-Part 2 (Algar Farms Ltd.) 31.4 TOTAL ASSESSMENT ON LANDS 66.5 % County Road 43 0.04 Elgin County 33.5 % TOTAL ASSESSMENT ON ROADS 33.5 % TOTAL ASSESSMENT FOR MAINTENANCE ON THE MAIN DRAIN 100.0 %