
Notices were received by some residents of Longueuil and L'Orignal last week regarding the Mill Creek municipal drain. We have received several questions on this matter, so here are the answers to many of those questions. [1]
What’s a municipal drain?
Most municipal drains are either ditches or closed systems such as pipes or tiles buried in the ground. They can also include structures such as dykes or berms, pumping stations, buffer strips, grassed waterways, storm water detention ponds, culverts and bridges. Municipal drains are primarily located in rural agricultural areas of the province.
What is the use of a municipal drain?
Most municipal drains were constructed to improve the drainage of agricultural land by serving as the discharge point for private agricultural tile drainage systems. However, they also remove excess water collected by roadside ditches, residential lots, churches, schools, industrial lands, commercial lands and any other properties in rural areas. They are a vital component of the local infrastructure. Without them, many areas of the province would be subjected to regular flooding, reduced production from agricultural land and increased public health risks.
What makes a municipal drain different from other ditch and drain pipes?
Landowners who need to solve a drainage problem may submit a prescribed petition under the Drainage Act to their local municipality, requesting the establishment of a municipal drain. If certain criteria are met, the municipality appoints an engineer who prepares a report, identifying the proposed solution to the problem and how the costs will be shared. There are various meetings where landowners in the watershed of the municipal drain can voice their desires and concerns. There are also several appeal stages where they can voice their objections. So, the end result of the process is a "communally accepted" project.
After all appeals have been heard and dealt with, the municipality passes a by-law, adopting the engineer's report. The cost of the work is assessed to the lands in the watershed in the same ratios as contained within the engineer's report. So for a ditch or a pipe to be a municipal drain, there must be a by-law adopting an engineer's report.
What is my due diligence regarding this municipal drain?
First of all, before purchasing a rural property, it is important to find out from the municipality or the real estate agent if the property is affected by a municipal drain and in what way.
As an involved landowner, you have a responsibility for the drains located on your property.
Observe them. If you notice any problems, immediately notify the Township. Remove debris from any catch basins that may be located on your property or the adjoining road. This type of ongoing preventative work can reduce the possibility of property damage during storm events.
What should I expect?
The Township must maintain its municipal drains. Therefore, if you have a municipal drain located on your property, you can expect that we will periodically arrange to enter onto your property and perform the necessary work. After it is completed, you will be billed for your share of the cost.
For a period of time while the work is being completed, you can expect the working space along the drain to be accessed by the maintenance equipment and the land to be disrupted to some degree. Because this working space is a form of an easement, you will not be paid for any damages that occur on this land.
Municipalities have the right to accumulate the cost of maintaining a drain for up to five years or $5,000. Therefore, it is possible that you may be billed for work that occurred before you owned a property.
Are there any land restrictions near the drain system?
Along every municipal drain is an unregistered working space that the municipality has the right to use to maintain or repair the drain. Keep this working space accessible and do not plant trees or build structures in this area. If you do, and it results in an obstruction to the maintenance equipment, you may have to pay the cost of removing that obstruction.
Don't store materials such as brush, lumber or other floatable material near the drain, because during storm events, it could float away and block the drain.
Champlain Township is responsible for maintaining municipal drains on behalf of the community of landowners involved in a drain. If you want to install a culvert or bridge on an open ditch municipal drain, or if a municipal drain requires maintenance, don't perform the work yourself; instead notify the Township. If you do unauthorized work on a drain and that work results in damages to the drain or to other landowners, you could be responsible for paying the cost of repairing the damages.
Although they are "man-made", all municipal drains eventually connect with the many beautiful lakes, rivers and streams located in Ontario. Do not direct septic system waste, milkhouse wastes, barnyard and manure storage runoff or other pollutants directly to these drains.
What are the documents I received last week on a USB key?
Emergency work has been done and other important work needs to be done at the Mill Creek Municipal Drain. The documents on the flash drive detail this work and the related costs.
Am I the one who has to pay this amount, and how much will I have to pay?
Municipal drains are not related to the municipal water and sewer system. They are two completely separate things. Not all users of the municipal water and sewer system use the municipal drain. Consequently, all landowners within the watershed of the drain are assessed a portion of the costs of the works. To determine the amount you will be assessed
- Determine what your ID number is, with your roll number, from plans A3.1-A3.6 provided in Appendix E;
- Locate your ID number in Schedule A provided in Appendix A for the proposed assessment of future work and;
- Locate your ID number in Schedule B1 provided in Appendix C for the current cost of the Emergency Work.
- Add these costs together for you total estimated assessment.
Why did I receive a notice of council meeting?
The engineer's report will be presented to Council at a special meeting on Tuesday, February 22 on Zoom. You can attend the meeting to provide comments or ask questions about the report. If you are unable to attend this virtual meeting, you may provide a written presentation to be read at the meeting.
If I have questions, who do I contact?
If you have any questions about the meeting, or if you would like to attend or provide a written presentation, please contact the municipal Clerk, Ms. Alison Collard at alison.collard@champlain.ca or 613 678-3003 ext. 229.
If you are having trouble determining the estimated assessment for your property or locating your property in Schedules A and C, contact Ms. Diane Alexander at diane@alexander@champlain.ca or 613-678-3003 ext. 239.
If you have any questions regarding the engineering report, or the documents on the USB key, please contact Mr. Lorne Franklin (English), Robinson Consultants Inc. by email at lfranklin@rcii.com or by phone at 613-791-1335 or Mr. Eric Leroux (French), by email at lerouxconsultant@gmail.com or by phone at 613-223-9824.
[1] From the Ontario Ministry of Agriculture, Food and Rural Affairs Fact Sheet, So, what’s a municipal drain?
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