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Home My WebLink AboutWD-24-81 TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT Director's Report to Public Works Committee of February 17, 1981. ITEM: WD-24-81. DATE: February 5, 1981. 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. I "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." I 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. CORPORATION OF THE TOWN OF NEWCASTLE `��(7) OFFICE OF THE TOWN CLERK ~' ,[ TELEPHONE 623.3379 : C �•�` 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L1C3A6 January 15 1981 Mr .and Mrs . Randy N . Cole Box 77 R. R. 1 Hampton, Ontario LOB 1JO Dear Mr . & Mrs . Cole: This will acknowledge receipt of your letter addressed to Mrs . Ann Cowman . Your letter has been forwarded to the Public Works Department for a report to Council . We shall advise you of action taken at a later date . Yours very truly , JMM: nof Joseph M: cIlroy, A.M .C .T . Town Clerk cc : Mrs . A. Cowman , Mr . J . Dunham, Public Works Director i RECEIVED JAN 16 1981 WORKS DEPT, TOWN OF NEWCASTLE Dec . 5 1980 Box 77 R. R. 1 Hampton, LOB 1J0 Dear Ann Cowman : This letter is about the water-run off from Taunton and Zion Road, that runs behind the houses on Taunton Road . We would like to know why the water is directed onto private property and not maintained by the town or who-ever . This water is supposed to flow into another creek, but 9070 of water comes onto our property at the bottom of Firner Street . We have talked to Region Conservation, and Township (letters enclosed) and have no answer . All we want is the so called creek bed dug out so the water can flow properly . Also it has taken a lot of our property away and we lost a big tree that fell over due to the water . In the spring it is really bad and does create a very bad water problem for our property. On the maps it shows a creek but there is no proper creek bed for it to follow . I have put with red ink the flow of the water now . We are on the north side of Tirner . Also the Conservation people told us there was no permit given from them for the new work done at the corner of Taunton and Zion Road this summer, which has and will create more Witter runnoff onto us . We would really appreciate some help with this problem. Thank you very much for your concern and help . Randy and Patricia Cole Firner Street ( last house north side) 579 3571 (home) 723 1143 (work) copy of letter received from Mr . and Mrs . Cole I I 1 ef Cf -e ILI ,L 41- L- cl-c�._<� `�� i jam, _ � •�, C�� SOLiNA� t . r• �:. MtTCHELL'S COOERS, 600 tw r ��— • . _ �.<� ; z l �- l� , < <_. <<_� cam, i �,�� " � � � � �- J��:�y��y� � L�.��2� i i I i I I O %liftr��v p O 4 1. tp `gTrON PJ CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY 1650 DUNDAS STREET EAST, WHITBY,ONTARIO. UN 2K8 (416)579-0411 REF N0. July 17, 1980. Mr. and Mrs. Randy N. Cole, Box 77, R. R. No. 1 , Hampton, Ontario, LOB 1JO Dear Mr. and Mrs. Cole: Subject_ Flooding, Ferner Drive, Mitchell Corners Pursuant to our meeting at your home yesterday, July 16, 1980, 1 am writing to clarify the Authority' s position. The Authority is unable to carry out works on privately owned properties. The Authority regulates alterations to watercourses under Regulation 824/73, this being an approval process only. As I mentioned, the Town of Newcastle may be the only agency able to assist you. In discussions with Town staff, however, it would appear that they are reluctant to carry out works on private property. In looking at the site and its various drainage problems , it would appear that the only feasible solution would involve channelling and rerouting of surface drainage. Unfortunately, this would require the co-operation of your neighbours to the north, west and south and this may be difficult to obtain. i If you have any further questions, please contact the undersigned. You 5- -very truly, Steve H. Edwards , Planninq Technician. I SHE/klt I