Township council has determined it can’t help residents of Kumpville Drive with mud flooding their properties from a neighbouring farm.
In September, Kumpville Drive residents Kathy Pehlke and Roger Hartung told council topsoil erosion regularly washes down the hill from a farm behind their property, filling ditches and culverts, washing out the road and flooding basements and garages.
Residents have had the ditches dug out at their own expense, only to have them fill back in. Pehlke said the residents were told the concern didn’t meet the township’s requirements for a property standards complaint, but council requested the bylaw enforcement officer investigate the situation.
At the Oct. 27 meeting, council received a report from chief building official Patty Wright stating the position of the building and bylaw/property standards department is that the situation is a civil matter between landowners.
The report states the township’s bylaw regarding property standards “is not relevant to this situation,” as it refers to surface drainage of yards.
“The definition of a yard is not applicable to this situation as the property is farmland under cultivation; it is not a yard or vacant land,” the report explains.
At the same meeting, Pehlke said the Grand River Conservation Authority (GRCA) advised her the owner of the farmland is in the process of applying for grants for planting trees on the property to help halt the soil erosion.
“Next spring grasses will be grown and trees will be planted that will eventually stop the erosion, or at least slow it down,” said Pehlke.
However, she expressed concern the landowner might not follow through and re-iterated her request that council send a letter to the landowner.
“All we really ask of council is to send the landowner a letter saying there was a complaint,” Pehlke said.
She also disputed the contention the matter is not a property standards issue.
“This is a farming township. Except for Drayton, Rothsay and Moorefield every residence abuts farmland. Are you saying the bylaw doesn’t apply to all property in the township?” she asked. “We’ve become the little community that’s forgotten.”
Wright said, “Unfortunately we’re tied by the legislation that we have available to enforce. The response is based on our property standards bylaw … this is a civil matter between landowners and I don’t’ feel there’s any jurisdiction that’s in place to allow us to get in the middle.”
Wright’s written report notes the position is supported by the township’s solicitor.
“Further action is not required nor recommended,” the report states.
Pehlke pointed out the property standards bylaw in nearby Perth East refers to residential, non-residential and farmland.
“So if we lived in Perth East it would not be an issue.”
Councillor Michael Martin wondered if the problem arises because of the way the bylaw defines the term “yard”?
“This is farmland; nothing has changed on this land, there’s been no change in grades, they’ve done nothing … it’s not vacant land, its under cultivation,” replied Wright. “A yard is something that’s under a plan of subdivision, or a yard-grading plan that if you’ve altered that,” property standards could come into play.
“There’s nothing the landowner has done to create the situation. This is nature.”
Councillor Marlene Ottens said, “I really feel the frustration here. I combed the bylaw looking for something … I hesitate to try to change anything to include farmland.”
Ottens added, “I think problem here is owner doesn’t understand that they are losing their topsoil. Is it appropriate for someone from council to make a visit in person to try and explain this? Given we’ve had heavy rains and that seems to be, with the climate, the new normal now, she needs a lesson in land management.”
Wright pointed out the GRCA is working with the landowner and providing information on programs which could help. “They are the most qualified to do that,” she stated.
When Pehlke attempted to comment further, Mayor Neil Driscoll stopped her, stating, “Sorry, we are not going to be debating this back and forth.
Council approved a resolution to accept Pehlke’s delegation for information.
Council also approved a resolution to accept Wright’s report, with only Martin opposed.
“I honestly struggle with our interpretation of the definition of a yard,” he explained.
