Agriculture, Food and Rural Affairs Appeal Tribunal 1 Stone Road West
Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales 1 Stone Road West
Guelph, (Ontario) N1G 4Y2 Tel: (519) 826-3433, Fax: (519) 826-4232 Email: AFRAAT@ontario.ca
Guelph (Ontario) N1G 4Y2 Tél.: (519) 826-3433, Téléc.: (519) 826-4232 Email: AFRAAT@ontario.ca
AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL
APPEAL:
Grant Drain Township of Orford
Grant Drain (RE) 1997 ONAFRAAT 46
STATUTE:
Drainage Act
HEARING:
October 23, 1997
DATE OF DECISION:
October 25, 1997
1997-46
NEUTRAL CITATION:
1997 ONAFRAAT 46
Grant Drain Township of Orford
IN THE MATTER OF:
THE DRAINAGE ACT R.S.O. 1990, CHAPTER D.17, AS AMENDED.
AND IN THE MATTER OF:
An application to the Ontario Drainage Tribunal by the Township of Orford requesting a modification to the July 2, 1996 engineer’s report on the Grant Drain Township of Orford.
Before:
Vernon Spencer, Chair; Andrew Osyany, Vice-Chair; Andrew Wright, Vice-Chair.
DECISION OF THE TRIBUNAL
This application was considered by the Tribunal on October 23, 1997 on the basis of the written submissions made on behalf of the Township of Orford.
The Background
The Township of Orford appointed Todgham and Case Associates Incorporated to prepare a report, under Section 78 of the Drainage Act, for the improvement of the Grant Drain in Orford Township. The report, signed by Mr. E. P. Dries, was completed, dated July 2, 1996, and filed with the Township.
The report was adopted by Council by Bylaw 3482-96 and appeals on the design and assessment of the project were decided by the Tribunal in its decision dated January 29, 1997. Bylaw 3482-96 was given third reading on February 17, 1997 and a contract to construct the work as specified in the Bylaw was signed.
The report specifies an extension of the open ditch along Mazan Line from Station 125 to Station 190 along the north side of the road allowance. This 65 m length of open drain extension was designed to have a bottom width of 1 m, side slopes of 1.5:1.0 and a typical depth of approximately 1.6 m. Because of the potential erosion of the sandy soils encountered during construction the road authority has requested that this portion of the drain be enclosed in a pipe. The estimated cost of the work is $3500 plus administration. The Road Authority has agreed to assume all of the additional cost to the project of this request. The engineer, Mr. Dries, has written to the Tribunal stating that the proposed change will have no technical or financial impacts on any other property owner in the drainage scheme. The schedule for future maintenance is not affected by the request.
The Township of Orford has requested that the Tribunal issue an order to alter Bylaw 3482-96 to specify that the drain from Station 125 to Station 190 shall consist of 600 mm diameter smooth-wall high density polyethylene pipe along the alignment of the open ditch extension the cost of which is to be assessed to the Road Authority as a Special Benefit Assessment.
ORDER OF THE TRIBUNAL
After careful consideration the Tribunal decided to exercise its authority under Section 51 of the Drainage Act and process the requested amendments to Bylaw 3492-96, but to do so on terms.
Therefore the Tribunal orders that:
The engineer is directed to prepare the necessary specifications and drawings to replace the specifications and drawings included in the report adopted by Bylaw 3482-96. Copies of these specifications and drawings are to be included with the notice mentioned in Order 3 along with a request that the landowners replace the specifications and drawings in the copies of the report dated July 2, 1996 which has been previously sent to them.
The Clerk of Orford to modify Bylaw 3482-96 , the Grant Drain, to reflect the change requested and mentioned above including the placement of the Special Benefit Assessment against the lands of the Road Authority..
After Bylaw 3482-96 has been modified it is to be mailed to all parties entitled to be sent a copy of the provisional by-law under Section 46 along with a copy of this decision and a notice stating that any owner who is so notified and who feels aggrieved by this decision can appeal directly to the Tribunal by filing a notice of appeal with the Clerk of Orford within 14 days of the mailing of the notices.
If no appeals are filed within 14 days of the mailing of the notices specified in Order 3, the project is confirmed and the Council may proceed to give third reading to the amended by-law. This amended bylaw will then form the basis for future maintenance of the Grant Drain until such time as it is modified in accordance with the provisions of the Drainage Act.
It is ordered that there be no order as to costs and all parties are responsible for their own costs. Attention is drawn to Section 73 of the Act.
Dated at Chatsworth, Ontario this 25th day of October 1997