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Town of Berwick - Private Property Drainage Policy
1
Town of Berwick
Private Property Drainage Policy
Department:
Council
Policy No:
1.002
Adopted:
April 12, 2005
1.
Purpose
1.1. To set out the policies of the Town of Berwick with respect to the maintenance and alteration
of stormwater systems on private property.
2.
Objectives
2.1. The objectives of the Private Property Drainage Policy will be to:
a. define the role and responsibility between the Town and property owner for the proper
drainage of private property;
b. identify the ownership of the parts of the Town's stormwater drainage system that are on
private property; and
c. determine who is responsible for the payment of costs associated with maintenance,
upgrades or expansion of existing stormwater drainage systems on private property.
3.
Policy
3.1.
The Town owns and maintains a stormwater drainage system which was delineated in a study
undertaken by AMEC Inc. in 2004. The management of stormwater from private property into
the Town's system is a critical component of the overall system.
4.
Water and Ice on Town Streets and Sidewalks
4.1.
The accumulation of water and ice on Town streets and sidewalks poses a safety risk for both
vehicular traffic and pedestrians. To mitigate this risk, it is the policy of the Town of Berwick
that private property owners are responsible to control the discharge of stormwater onto the
street or sidewalk where the discharge is causing water and/or ice problems in the public
street and/or sidewalk right-of-way.
Town of Berwick - Private Property Drainage Policy
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4.2.
If a property owner wishes to connect to catch basin which is part of the Town's stormwater
management system to control the discharge of stormwater from their property, it is the
policy of the Town of Berwick that a waiver be signed by the property owned to prevent claims
against the Town of Berwick related to damage from failure of the catch basin/stormwater
system.
5.
Maintenance and Alteration of Stormwater Systems on Private Property
5.1.
Parts of the Town's stormwater management system are on private property. To ensure these
parts of the system are properly maintained the Town has adopted and administers the Lot
Grading and Drainage By-law to regulate the maintenance and alternation of the stormwater
systems on private property, and that the Town's permitting system incorporates the
requirements set out in this by-law.
6.
Ownership of Systems on Private Property
6.1.
The Town's stormwater management system utilizes lands which are privately owned. It is
important that the Town be able to access, inspect, maintain, repair and eventually replace these
systems, not to mention address issues of potential liability. It is the policy of the Town of
Berwick that the Town will accept ownership of stormwater systems on private property if the
following conditions are satisfied:
a. that the system is utilized to drain stormwater from a system of the Town's and/or that it
forms part of a trunk storm sewer system as identified in the 2004 AMEC Study;
b. that it can be shown that the system is constructed to the Town's standards;
c. that an easement can be provided in a form acceptable to the Town; and
d. that by accepting the system, the Town is not unduly exposing itself to liability or to
unreasonable costs associated with the inspection, maintenance, repair or replacement.
7.
Drainage Complaints ~ Advice to Property Owners
7.1.
When complaints about stormwater drainage or flooding are received by the Town from concerned
private property owners it is the policy of the Town of Berwick to do a site visit and investigate the
nature of the problem and what, if any, responsibility rests with the Town for resolution.
7.2.
Where the Town does have some responsibility, appropriate action will be taken. If the action is
maintenance related, the problem will be addressed at the earliest opportunity by the Public Works
staff. If a new system or existing system upgrade is required, the resolution of the problem will be
considered as part of the Town's annual capital budget process, sooner if sufficient funding is
available or immediate action is required to mitigate more serious problems.
7.3.
Where the Town does not have direct responsibility and the solution is obvious, the Town will
provide advice that is general in nature. Where the solution is not obvious, the Town will
Town of Berwick - Private Property Drainage Policy
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recommend the property owner contact persons with the knowledge and expertise to provide a
solution.
7.4.
It is the policy of the Town of Berwick that no advice be given for alteration, upgrade or change to a
natural waterway. Rather property owners will be encouraged to contact the provincial
Department of Environment and/or a professional engineer.
8. Cost Sharing to Resolve Drainage Problems on Private Property
8.1.
The following criteria and cost-sharing percentages are proposed for resolving drainage problems
on private property:
a. Stormwater drainage system is part of the Town's overall stormwater drainage system as
delineated in the 2004 AMEC Study and requires upgrade or expansion ~ Town pays 100%
(including any costs to restore property to its pre-construction condition)
b. Stormwater drainage system is part of the Town's overall stormwater drainage system and
is functioning properly but private property owner wants system altered or upgraded for
their purposes ~ Property owner pays 100%
c. Stormwater drainage system is part of the Town's overall stormwater drainage system and
requires upgrade or expansion and private property owners wants further enhancements
that benefit their property only ~ Town pays 100% for base upgrade or expansion (including
any costs to restore property to its pre-construction condition) and Property owner pays
additional enhancement costs that benefits him/her only.
d. Stormwater drainage system is not part of Town's overall stormwater drainage system and
requires upgrade or expansion ~ Property owner pays 100%.
Revision Dates:
April 12, 2005
May 2, 2012