Item - 2015.EX8.16
Tracking Status
- City Council adopted this item on September 30, 2015 without amendments.
- This item was considered by the Executive Committee on September 21, 2015 and adopted without amendment. It will be considered by City Council on September 30, 2015.
EX8.16 - Transfer of Ownership, Maintenance and Repair of Private Storm Drainage Systems and Catch Basins to the City
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
City Council Decision
City Council on September 30, October 1 and 2, 2015, adopted the following:
1. City Council direct the City's Storm Water Management Steering Committee, as part of its long term work plan, to develop a strategy to aid in reducing flooding risks related to private storm drainage systems on existing private property and new developments.
2. In developing the strategy in Part 1 above, City Council direct the City's Storm Water Management Steering Committee to consider:
a. the issues that impact surface drainage on private property, including:
i. new developments - site plan reviews and revisions, and the adequacy of private catch basins, catch basin design standards, storm system drainage design standards;
ii. individual site modifications (Building) - the impact of cumulative individual builds, permitting process review and inspection, grading certificates, etc.;
iii. individual site modifications - changes to landscaping and grading on individual properties; and
iv. maintenance of private storm drainage systems - adequacy of the Property Standards bylaw, private catch basin location data collection, including education and outreach for private property owners;
b. current land development and storm water servicing processes and procedures and whether any revisions to these processes and procedures may be appropriate, e.g. development application reviews, approvals and inspections;
c. applicable provincial legislation;
d. City bylaws governing storm water management and infrastructure on private property and whether any revisions to these by-laws may be appropriate;
e. opportunities for improvement in the short, mid, and long-term; and
f. any impacts that may arise in respect to any proposed revisions to City processes, procedures and/or by-laws, or other proposed improvements.
3. City Council request the City's Storm Water Management Steering Committee report to Council upon completion of the strategy noted in Part 1 above.
4. City Council direct that the confidential information in Attachment 2 to the report (September 4, 2015) from the General Manager, Toronto Water, the Chief Planner and Executive Director, City Planning and the City Solicitor, remain confidential as it is pertains to solicitor-client privilege and potential litigation which affects the City.
Confidential Attachment 2 to the report (September 4, 2015) from the General Manager, Toronto Water, the Chief Planner and Executive Director, City Planning and the City Solicitor remains confidential, in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to solicitor-client privilege and potential litigation which affects the City.
Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege and Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-83469.pdf
Confidential Attachment - Risks, Liability and Cost Implications to the City
EX8.16 - Transfer of Ownership, Maintenance and Repair of Private Storm Drainage Systems and Catch Basins to the City
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege and Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board
Committee Recommendations
The Executive Committee recommends that:
1. City Council direct the City's Storm Water Management Steering Committee, as part of its long term work plan, to develop a strategy to aid in reducing flooding risks related to private storm drainage systems on existing private property and new developments.
2. In developing the strategy in Recommendation 1 above, the City's Storm Water Management Steering Committee consider:
a. the issues that impact surface drainage on private property, including:
i. new developments - site plan reviews and revisions, and the adequacy of private catch basins, catch basin design standards, storm system drainage design standards;
ii. individual site modifications (Building) - the impact of cumulative individual builds, permitting process review and inspection, grading certificates, etc.;
iii. individual site modifications - changes to landscaping and grading on individual properties; and
iv. maintenance of private storm drainage systems - adequacy of the Property Standards bylaw, private catch basin location data collection, including education and outreach for private property owners.
b. current land development and storm water servicing processes and procedures and whether any revisions to these processes and procedures may be appropriate, e.g. development application reviews, approvals and inspections;
c. applicable provincial legislation;
d. City bylaws governing storm water management and infrastructure on private property and whether any revisions to these by-law may be appropriate;
e. opportunities for improvement in the short, mid, and long-term; and
f. any impacts that may arise in respect to any proposed revisions to City processes, procedures and/or bylaws, or other proposed improvements.
3. City Council request the City's Storm Water Management Steering Committee report to Council upon completion of the strategy noted in Recommendation 1 above.
4. City Council direct that the confidential information in Attachment 2 to the report (September 4, 2015) from the General Manager, Toronto Water, the Chief Planner and Executive Director, City Planning and the City Solicitor, remain confidential as it is pertains to solicitor-client privilege and potential litigation which affects the City.
Origin
Summary
The obligation to maintain and repair storm sewer systems and catch basins on private property rests with the owner of that private property. This obligation is further mandated by Municipal Code Chapter 629, Property Standards. City Council's policy, entitled “The Repair of Private Storm Drainage Systems” also places the obligation to operate, maintain and repair private storm drainage systems entirely on private property owners.
A failure on the part of a private property owner to maintain his or her private storm drainage system has been identified as a potential contributing factor to surface drainage problems and flooding on neighbouring private properties.
The purpose of this report is to report back on the requirements, implications, risks and liabilities associated with any proposal to transfer ownership and the associated maintenance and repair obligations for all existing and future private storm drainage systems to the City. The legal risks and implications are described in detail in Confidential Attachment 2 to this report.
There would be very significant implementation challenges, risks, and cost impacts to the City associated with the transfer of private storm drainage systems to the City.
The total number of affected properties is unknown. For illustration purposes, the potential cost to the City for the transfer of approximately 5,000 existing private rear yard catch basins and leads to the City is estimated at approximately $215 million (in 2015 dollars) over a 40-year infrastructure life cycle span (noting that the cost to the City will be perpetual). This estimated cost does not include costs associated with condition surveys, asset assessment, engineering review, external service providers' administration, legal agreements and general administration.
In addition, the potential costs to the City, based on reasonable assumptions for transferring of ownership and maintenance of future leads and catch basins on private property to the City for new developments is estimated at $170 million over 40 years (again noting that the cost to the City will be perpetual).
More details on the potential costs and assumptions are provided in Table 1 and Table 2, respectively, in Attachment 1 to this report.
There would also be very significant impacts and restrictions on owners' enjoyment and use of their private property arising from the transfer of private storm drainage systems to the City as such transfers would require the negotiation with each owner of an easement granting the City broad rights of access to meet its maintenance obligations or, failing such agreement, the expropriation of such rights from owners unwilling to voluntarily provide them.
Therefore, this report recommends that ownership and the associated maintenance and repair obligations for private storm drainage systems should remain with private property owners and that other approaches be explored for addressing surface drainage problems on private property.
Background Information
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-83469.pdf
Confidential Attachment - Risks, Liability and Cost Implications to the City