Drain Abandonement
What are the steps in drain abandonment?
Is a new engineer's report required as a result of abandonment?
Is a public meeting required prior to abandonment?
How much will a new engineer's report cost?
Is an engineer's report eligible for a provincial grant?
Who pays for an engineer's report?
ANSWERS:
What are the steps in drain abandonment?
A: The steps in drain abandonment are:
- Petition received
- Staff determines validity
- Staff prepares report to council recommending acceptance if petition is valid
- Council receives petition, passes resolution intent upon abandonment, and instructs staff to send out letters to the landowners affected by abandonment, notifying them of the petition and instructions based upon Section 84(1) of the Drainage Act
Is a new engineer's report required as a result of abandonment?
A: If the whole drain is abandoned a new report is not required unless a landowner affected by the abandonment files a written notice to the municipal clerk that the owner requires an engineer's report to be made on such proposed abandonment. This notice must be filed within ten days.
If a portion of the drain is abandoned, council can abandon the portion, without addressing the assessments for the remaining area. Costs for downstream works remain as specified in the original engineer's report. Drain abandonment just relieves the municipality of the need to maintain the abandoned portion of the drain.
Council can state, in the resolution abandoning the portion of drain, that benefit no longer applies to the area of abandonment (outlet still does).
Council can request a new engineer's (assessment) report to address changes as result of the abandonment.
Is a public meeting required prior to abandonment?
A: No, the Drainage Act does not require a public meeting, the council may wish staff to arrange one in order to be open, and deal with potential issues regarding a petition for abandonment.
How much will a new engineer's report cost?
A: A new report will cost approximately $5,000 - $15,000 for a basic engineer's assessment report. It could cost more if an additional amount of engineering is requested or other contingencies develop.
Is an engineer's report eligible for a provincial grant?
A: If it is undertaken as an expansion of an existing drain or for a new drain (and the new drain is constructed) - yes, it is eligible for a provincial grant.
If it is undertaken as a result of Section 84, of the Drainage Act, - no, it is not eligible for a provincial grant.
Who pays for an engineer's report?
A: Usually an engineer's report is assessed to the landowners; Section 84(3), of the Drainage Act, leaves it to the discretion of the engineer "in such proportions as appear just".
