MINTO – Local residents’ efforts to control the flow of water on their properties will now have to comply with a new site alteration bylaw to ensure they aren’t impacting neighbours.
While Minto currently requires grading plans for new construction, the new bylaw will give the town the same control when there is no other approval process in place.
“As council is aware, the pace of development in Minto is at an all-time high,” chief building official Terry Kuipers told council on March 3.
Because, “a lot of the easy properties to be developed already have,” Kuipers explained, more low-lying properties are being developed.
“We’re also seeing the effects of a lovely thing called climate change. This is causing increased amount of rain or severity of the events in Minto and causing localized flooding in areas,” said Kuipers.
“In addition to that, the tolerance of people for having standing water on their property seems to have decreased over the years. Property owners are starting to look at regrading of their properties.”
Natural flows interrupted
Kuipers pointed out such alterations can “interrupt what the natural drainage paths of those properties are, which causes backup of water onto adjacent properties, which is not a good thing.”
Currently, Kuipers told council, the only tools in place to deal with new subdivisions where fill is required, or in regard to existing lots is through the town’s property standards bylaw.
“Unfortunately that tool is a reactionary tool, which means the work is done and if it’s not done properly then we have to go in, put some orders on, and make them redo it. It takes time, it upsets everyone … So the tools that are contained within this bylaw are trying to mitigate those concerns,” he explained.
Kuipers stressed the new bylaw doesn’t seek to discourage either filling in of properties or modifications of grading on properties.
“We just want to make sure that when it’s done, it’s done right, just to mitigate any potential conflicts,” he said.
Councillor Ron Elliott asked what happens when the only way to drain a property is “to cause neighbours some problems.
“Is it the responsibility of the builder to mitigate the concern with the neighbours?” Elliott asked.
“It would be. And each scenario is different. It could be a matter of installing private drains. It could be an extension of the municipal stormwater system to take in those flows,” Kuipers replied.
Under the new bylaw, “You can’t essentially create a problem when you’re altering the grading of your property where it’s causing a problem elsewhere,” said Kuipers.
Worst case scenario
“In the worst case scenario if they can’t regrade or refill their property properly then they can’t do it.”
Prior to the passage of the new regulation, Kuipers said the only control on re-grading situations was Maitland Valley Conservation Authority regulations that apply specifically in Harriston.
The new bylaw states property owners are required to apply to the town prior to altering their site, and:
– submit plans designed by a qualified individual (engineer or surveyor, pending the scope of the alteration) detailing the proposed works;
– identify the amount and location of fill being placed or scope of the site being regraded;
– identify the duration the activities are being proposed;
– identify the pre- and post-alteration conditions of the property and adjacent properties; and
– identify the impact onto adjacent properties, through grading, erosion and sediment plans.
A security deposit, equivalent to the amount required to restore the site to its pre-alteration condition, a stable situation or a condition that mitigates impacts onto adjacent properties, is required under the bylaw.
