HomeMy WebLinkAboutCLD-009-11C-~~ REPORT
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: 28 February 2011 Resolution#: G'PA -23 !-!/ By-law#: ~~// 09S
Report: CLD-009-11 File:
Subject: AMENDMENTS TO PROPERTY STANDARDS BY-LAW 2007-070
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report CLD-009-11 be received; and
THAT the By-law to amend Property Standards By-law 2007-070, attached to
Report CLD-009-11, as Attachment 1, be approved.
Submitted by:
PLB/LC
I
Reviewed by:
e, CMO arie Marano, HBSc, CMO
Clerk Director of Corporate
Services /Human
Resources
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: CLD-009-11
PAGE 2
BACKGROUND AND COMMENT
At the regular meeting of Council held on January 31St this year, Council referred an
issue of concern regarding the Clarington Property Standards By-law, 2007-070 to staff
to review.
The concern revolved around a possible ambiguity in the wording of Section 2.11 of the
By-law dealing with roof drainage and runoff on residential lots. Currently the section
reads:
2.11 Downspouts used in conjunction with roof drainage shall be no less than 5.1 cm
(2 inches) away from any shared lot line. All water drainage shall be directed
away from the lof line.
The intent of the section is to prevent property owners from discharging their roof
drainage directly onto the neighbour's property in such away as to cause an adverse
effect for the neighbour. It is not to prevent an owner from discharging their drainage
away from the building and allowing it to drain from the property.
In the case which gave rise to the issue, a property owner in a subdivision was draining
their rain water into the swale at the side of the house. The construction of roof dictated
that the downspout come off the side of the house and not the front. The Swale is an
area which normally runs along the boundary of the property. Its purpose is to carry
water runoff from the property toward the municipal ditch or storm drain and thus away
from the properties.
The amendment which was originally proposed at Council and contained in Resolution
#C-069-11 would have prohibited setting a downspout close to the lot line and required
that all drainage be directed away from the lot line regardless of the distance to the
property line. Doing so would negate the use of the Swale and force the water to run
across an owners lawn, driveway or septic bed, depending on the particular situation.
REPORT NO.: CLD-009-11
PAGE 3
PROPOSED AMENDMENT
In order to properly address the issue and remove any ambiguity, staff have
recommended deleting and replacing Sections 2.08 to 2.12, the entire Sewage and
Drainage chapter of the By-law, and reworking it into two separate parts, the first
dealing exclusively with sewage and the second with drainage.
Under the proposed amendments the prohibition on direct discharge onto adjoining
properties remains. The setback for the downspout is increased to 30 cm. If there is a
swale, the water is to be directed into the swale and eventually runoff. If there is no
swale, the water is to be directed parallel to the property line
CONCLUSION
The proposed amendments will allow for easier and more precise interpretation without
setting up unwanted barriers to compliance. These amendments have been reviewed
with Engineering Services and the Municipal Solicitor who are in agreement with them.
ATTACHMENTS
Proposed By-law amendment.
ATTACHMEM ~€
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT ~Cr~- 9'll
BY-LAW NO. 2011-
Being a By-law to Amend By-law 2007-070 being a by-law for prescribing
standards for the maintenance of all property within the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington
deems it appropriate and necessary to amend By-law 2007-070 in order to
better serve the needs of the citizens of the Municipality;
NOW, THEREFORE, the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. Sections 2.08 up to and including 2.12 be deleted in their entirety and be
replaced with the following:
SEWAGE
2.08 Sewage shall be discharged into the sewage system.
2.09 Sewage shall not be discharged onto the surtace of the ground.
2.10 All elements of the sewage system, including but not limited to,
weeping tiles, septic beds and septic tanks shall be maintained in
proper working order and drained, cleaned out or replaced as
required.
DRAINAGE
2.11 Roof or sump drainage shall not be discharged onto sidewalks,
stairs, or directly onto adjacent property.
2.12(1) Subject to subsection (2), downspouts used in conjunction with roof
drainage shall be no less than 30 cm (1 foot) from any shared lot
line.
(2) Where there is no drainage Swale located on the shared lot line or
where the downspout is within 30 cm (1 foot) of the shared lot line,
all water drainage shall be directed parallel to the lot line.
2. This By-law shall come into full force and effect on the date of its final
passage and approval by council.
BY-LAW passed in open session this cn day of.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk