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HomeMy WebLinkAboutWD-91-81 TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT Director's Report to Public Works Committee of July 7, 1981. Item: WD-91-81. Date: June 24, 1981. Subject: Resolution #W-42-81. Drainage - Taunton/Zion Road Area. Recommendation: THAT the Solicitor's correspondence of June 22, 1981, be re- ceived for information and, further, that Report WD-24-81 be adopted and Mr. R. Cole be so advised. Report: Resolution # W-42-81 tabled Report WD-24-81 pending receipt of an opinion from the Town Solicitor. Attached is a copy of the Solicitor's comments regarding the drainage of the Taunton Road/Zion Road area; it should be noted that 'municipal work done at the corner of Taunton and Zion Roads' was an undertaking of the Regional Municipality of Durham and not the Town of Newcastle. IN !VA 40 �Eb �\ I D.J.D. SIMS, Q.C. Sims Brady c e ey M.C. McINERNEY BARRISTERS & SOLICITORS J.F. BRADY June 22 , 1981 Mr. J. Dunham, Director of Public Works , Corporation of the Town of Newcastle, Municipal Buildings, Hampton, Ontario. LOB 1JO Dear Mr. Dunham: Re: Drainage Problem - Taunton/Zion Roads Mitchell ' s Corners, Mr. and Mrs. Cole Resolution # W-42-81 Resolution # WD-24-81 asked me for an opinion as to the Town' s liability for the drainage pro- blems being experienced by Mr. and Mrs. Cole. It is my opinion that if the flooding was a result of the natural characters of the land and existing water courses there is no liability on the Town to rectify the situation. This is the opinion expressed by staff as a result of an on site investigation. However, Mr. and Mrs . Cole suggest that the water has been directed under their property and that the situation has been aggravated as a result of municipal work done on the corner of Taunton and Zion Roads. If this is so the Town may in fact have some responsibility to rectify the situation. However, I do not have sufficient facts available at this time to answer the question. I would draw to the Works Committee' s attent- ion the provisions of The Drainage Act which provides a mechanism for resolution of drainage problems. In short, the effected property owners may enter into an agreement between themselves to resolve the problem, or, alternatively, upon partition of a majority of the property owners the municipality may investigate and undertake remedial work which would be charged to the effected property owners as a local improvement charge. iv E rR E ; i UN J 17 .1981 y 117 KING STREET, WHITBY, ONTARIO LIN 4Z1 BOX: O - 2 - I I would be pleased to discuss the matter further with you should you require further clarification. Y ur truly, I David J. D. Sims, Q. C. i DJDS:mrs I I i I I i i r TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT I Director's Report to Public Works Committee of February 17, 1981. ITEM: WD-24-81 . DATE: February S, 1981. s SUBJECT: Drainage Problem - Taunton/Zion Roads Area. BACKGROUND: A complaint was received, by Councillor Cowman, regarding the problems of property owners in the Taunton Road & Zion Road area experiencing. The attached correspondence was referred,. by the Town Clerk, for a report on this matter. The complainants, Mr. & Mrs. Cole, contacted the Town last year and, at their request, Staff made an on-site investigation in an attempt to determine the cause of, and liability for, the excessive runoff onto the Cole property. At that time Staff were of the opinion that 'the problem was caused by the natural contour of lands and was in no way the responsibility of the Town. Had the drainage been from the Municipal road allowance, there would, of course, have been the necessity to rectify the matter, possibly by ditching operations in the area of the affected property. Mr. & Mrs . Cole were advised of the above, and it was suggested that they could, possibly, approach the Conservation Authority or Region of Durham for advice and assistance. REPORT: The attached correspondence makes reference to a creek which is part of the natural watercourse in the area. Reference to "Drainage Law" in definition of 'Natural Water- Courses' produces the following information: 2:1 "A, natural watercourse is defined generally as a stream of water which flows along a defined channel, with beds and banks, for a sufficient time to give it substantial existence. This may include streams that dry up period- ically. "A natural watercourse does not cease to be such if, at a certain point; it spreads out over a level area and flows for a distance without defined banks before flowing again in a defined channel" WD-24-81 (2) � Also of interest is the following excerpt from Section 2:1 (3) stating: "There is no obligation on a municipality or°any other landowner to keep a natural watercourse in repair but, if the owner or municipality under- takes to bridge, repair, divert or improve the watercourse it is thereafter under the burden to show, if flooding results, that it was not brought about by it's acts of interference. "The principle of common law is that it is the duty of anyone who interferes with a natural. watercourse to see that the works which he substitutes for the channel provided by nature, are adequate to carry the water which may be brought about even by extra- ordinary- rainfall." It• is obvious that the Town of Newcastle is not responsible for the drainage and runoff problem, and it would appear that Central Lake Ontario Authority has suggested that Mr. & Mrs. Cole attempt to enlist the co-operation of their neighbours in order to solve the situation. This would appear to be the obvious solution as the cause for concern originates from private lands in the immediate area. RECOMMENDATION: THAT Mr. & Mrs, Cole be advised that the Town of Newcastle has no responsibility for the problem of excessive runoff onto their property and, therefore, accepts no liability for same. i t