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CITY COUNCIL
AGENDA REPORT
Subject:
BYLAW 14/2015 - SURFACE DRAINAGE BYLAW
Recommendation(s)
1. That Draft Bylaw 14/2015, provided as Attachment 1 to the March 16, 2015
agenda report entitled “Bylaw 14/2015 - Surface Drainage Bylaw”, be referred
to Administration for 30 days to allow for further public consultation and
stakeholder input.
2. That Administration bring forward Bylaw 14/2015 for Council’s consideration by
May 31, 2015.
Purpose of Report
Council directed Administration to prepare a drainage bylaw for Council’s review by
the end of Q1 2015. The draft bylaw is being presented to Council today for review.
As the public has not had an opportunity to review and comment on the specifics of
the draft bylaw, 30 days are being requested to allow for further public input into
the bylaw.
Council Direction
On April 22, 2014, the following motion was passed by Council:
(C188-2014) –
That Council direct Administration to prepare a drainage bylaw for Council's review
on or before the end of Q1 2015 that includes the following:
1. The minimum distances for where you can place roof downspouts and where
you can direct water to;
2. Specifies that owners may not alter approved surface grades of a property
unless approved by the city engineer;
3. That continues to require rough grade lot drainage approval; and
4. Specifies that owners must comply with the terms and conditions of any
restrictive covenant, easement agreement, utility right of way, or any other
City Council Agenda
March 16, 2015 / Page 1
File No.: 8000-2
instrument registered on the certificate of title of that property in which the City
has an interest.
Background and Discussion
Annually, the City receives between 50 to 75 complaints from residents that
surface water is not draining properly from their property or it is flowing onto their
property from adjacent properties. It is the City’s current practice to investigate the
complaint to identify any possible contributing factors to the situation. The
homeowner is then responsible to identify and implement the required corrective
action measures. However, if it is a situation where one homeowner is being
adversely impacted by a neighbour, the homeowner must try to work
collaboratively with their neighbour to resolve the issue. If a satisfactory resolution
cannot be obtained, the next step for homeowners is to pursue legal action. As the
City of St. Albert does not have a surface drainage bylaw, there is no mechanism
for the City to require corrective action be taken. Currently there are no statistics as
to how many of the complaints get resolved.
The intent of the bylaw, if approved, will be to set clear expectations of property
owners’ responsibilities, roles, and consequences related to maintaining proper
grade on their properties. It will provide assistance to residents who are being
impacted by water flowing into their yards from adjacent properties by giving
Administration a mechanism to help resolve surface drainage complaints between
property owners. While the bylaw does contain offence clauses, the bylaw is not
intended to be revenue generating; the focus will be on education and corrective
action as a first measure.
The bylaw was developed by reviewing the surface drainage bylaws of several
other Alberta municipalities, examining best practices for surface drainage, and
addressing known concerns, within the parameters of the directive provided by
Council.
There are additional consequences and implications to consider if the City adopts
a surface drainage bylaw. These include:
•
The City would not be actively looking for bylaw infractions; investigations
would proceed on a complaints-made basis.
•
All parties may have to undergo extensive landscaping repairs, including the
complainant depending on the circumstances of the situation.
•
Everyone has different expectations and tolerances towards surface drainage.
There would be no guarantee that all complaints would require action by either
the City or the property owner receiving the complaint.
City Council Agenda
March 16, 2015 / Page 2
File No.: 8000-2
Stakeholder Communications or Engagement
•
Residents were invited to a Proposed Surface Drainage Bylaw Open House on
January 29, 2015 at the Grandin Clubhouse. The purpose of the open house
was to share with residents the framework for the proposed bylaw, to receive
input and feedback from residents on the proposed bylaw and their drainage
experiences, and to provide tips to residents on ways to improve surface
drainage in their own yards.
The majority of attendees from the Open House indicated they have been
negatively impacted by surface drainage and attribute it mainly to the actions or
non-actions of their neighbours; they do not feel the current practices in the City
are sufficient to address the majority of surface drainage issues within the City.
It is recognized that the sampling of survey respondents from the Open House
may not be fully representative of the City as a whole due to the low attendance
numbers. The information collected is considered valid though as not all
residents will be affected by a surface drainage bylaw as they are not
experiencing surface drainage issues. For those experiencing difficulties, the
bylaw may offer them a mechanism to resolve their surface drainage issues.
•
Residents were invited to complete an online survey to determine the types of
surface drainage issues residents are experiencing, if they feel this proposed
bylaw will resolve their surface drainage issue, and if there are any potential
impacts of a surface drainage bylaw that the City has not identified. The survey
was available between January 30, 2015 and February 20, 2015.
The results from the online survey were more varied. While more than 67% of
respondents stated they had experienced a surface drainage issue on their
property, only 50% of respondents attributed it to a neighbour’s surface
drainage. While 19% of respondents did not answer this question, 71% of those
that did answer this question did not feel the current practices in the City are
sufficient to address the majority of surface drainage issues within the City.
•
The most common complaints the City receives are:
o Drainage swales are not being maintained adequately.
o Catch basins are being blocked from landscaping waste and mulch.
o Property owners are directing their downspouts directly into drainage
swales and overloading the overland drainage system during major
rain events.
o Encroachments into drainage utility right-of-ways.
o Property owners are directing their downspouts onto their
neighbour’s property.
o Runoff from one property is negatively impacting an adjacent
property.
o Sump pump discharge lines are being directed to an adjacent
property or are discharging onto sidewalks and pathways.
City Council Agenda
March 16, 2015 / Page 3
File No.: 8000-2
•
The draft bylaw was circulated to Infrastructure Services, Legal Services,
Building Services, Environment and Sustainability, and Municipal Enforcement
for review and comment. Their suggestions, along with input from the residents,
have been incorporated into the draft bylaw.
Implications of Recommendation(s)
a) Financial:
If the Surface Drainage Bylaw is passed there will be direct financial expenses
related to communication and public education campaigns as it relates to the
new Surface Drainage Bylaw. There will also be in-direct staff time expenses
related to preparing public education materials.
It is unknown how many complaints and queries the City will receive related to
the Surface Drainage Bylaw. To address all complaints within existing
resources, there may be an initial backlog of complaints.
b) Legal / Risk:
The Municipal Government Act (MGA) provides that municipalities may pass
bylaws for municipal purposes respecting the safety, health and welfare of
people and the protection of people and property, as well as nuisances
(conditions that materially and negatively affect the use and enjoyment of
private property).
The City will be attempting to enforce a bylaw that pertains to issues mainly on
private property. Bylaw complaints often take significant time to investigate and
prosecute. There is no guarantee or certainty that the issuance of a violation
ticket or mandatory court appearance will result in a speedy and positive
conclusion to these matters.
c) Program or Service:
Having a Surface Drainage Bylaw may positively impact some residents and
result in higher resident satisfaction as Administration will have a mechanism to
assist them in resolving surface drainage issues. Conversely, other residents
may be negatively impacted and have lower resident satisfaction as they will
have to undertake corrective action on their property to address surface
drainage issues.
City Council Agenda
March 16, 2015 / Page 4
File No.: 8000-2
d) Organizational:
The Surface Drainage Bylaw will be of assistance to Administration by
providing a mechanism to address surface drainage issues in the City. It is
intended that existing staff will have the capacity to address the majority of
complaints, but this may involve the reprioritizing of current workloads or
sharing of enforcement responsibilities.
Alternatives and Implications Considered
If Council does not wish to support the recommendation, the following alternatives
could be considered:
1. That the agenda report Bylaw 14/2015- Draft Surface Drainage Bylaw be
received as information.
2. That Council direct Administration to develop a surface drainage program
aimed at educating residents on best practices for lot grading establishment
and maintenance in place of a Surface Drainage Bylaw.
3. That Council forgo the 30 days of further public consultation and direct
Administration to bring forward for Council’s approval Bylaw 14/2015 before
May 31, 2015 with an implementation goal of July 1, 2015.
Strategic Connections
a) Council’s Strategic Outcomes and Priorities
•
CULTIVATE EXCELLENCE IN GOVERNMENT: A responsive, accountable
government that delivers value to the community.
• Engage the community to incorporate resident input and improve decision
making.
b) Long Term Plans
• N/A
c) Corporate Objectives
• Deliver programs and services that meet or exceed our standards
• Ensure our customers are very satisfied
d) Council Policies
• N/A
e) Other Plans or Initiatives
• N/A
City Council Agenda
March 16, 2015 / Page 5
File No.: 8000-2
Attachment(s)
1. Draft Bylaw 14/2015, The Surface Drainage Bylaw
2. Three Steps to Public Engagement - Surface Drainage Bylaw
3. Surface Drainage Survey Report and Summary
Originating Department(s):
Author(s):
General Manager Approval:
City Manager Signature:
Planning & Engineering
Tanya Hynes, Storm/Land Compliance Coordinator &
Tracy Allen, Director Engineering
Patrick Draper, Acting GM P&E
Date:
City Council Agenda
March 16, 2015 / Page 6
File No.: 8000-2
ATTACHMENT 1
CITY OF ST. ALBERT
BYLAW 14/2015
Being a Bylaw to regulate and control surface drainage within the City of St. Albert
WHEREAS
i.
pursuant to section 7(a) of the Municipal Government Act, a council may pass
bylaws for municipal purposes respecting the safety, health and welfare of
people and the protection of people and property;
ii.
pursuant to section 7(c) of the Municipal Government Act, a council may pass
bylaws for municipal purposes respecting nuisances; and
iii.
pursuant to section 7(i) of the Municipal Government Act, a council may pass
bylaws for municipal purposes respecting the enforcement of bylaws made under
the Municipal Government Act or any other enactment including any or all of the
matters listed therein.
NOW THEREFORE the Municipal Council of the City of St. Albert hereby ENACTS AS
FOLLOWS:
PART 1
TITLE
1.
This Bylaw may be referred to as “The Surface Drainage Bylaw”.
DEFINITIONS AND INTERPRETATION
2.
In this Bylaw:
(a)
“Bylaw” means a City bylaw, and includes any amendments thereto;
(b)
"Bylaw Enforcement Officer" means an individual appointed as such in
accordance with Bylaw 21/2003, the Bylaw Enforcement Officer Bylaw,
and includes any amendments thereto or replacements thereof;
(c)
"City" means the City of St. Albert, a municipal corporation in the Province
of Alberta;
(d)
“City Engineer” means the professional engineer or individual so
designated by the City Manager, or that individual’s appointed designate;
BYLAW 14/2015 (Page 1)
ATTACHMENT 1
(e)
“City Manager” means the City’s chief administrative officer or designate;
(f)
“Council” means the City’s municipal council;
(g)
“Finished Grade” means the established surface grades and surface
elevations on finished landscaping materials completed in accordance
with the approved Lot Grading Plan;
(h)
“Foundation Drainage” means the process of directing water away from a
building foundation or collecting water beneath the surface of the ground
involving a foundation drainage or weeping tile system, or weeping tile
which is part of a retaining wall drainage system;
(i)
“Grading” means the alteration of, or improvements to, the existing clay
grade or landscaping, including the addition or removal of clay, topsoil, or
other material of any kind;
(j)
“Lot” means a parcel of land or portion thereof;
(k)
“Lot Grading Plan” means a drainage plan prepared in accordance with
the City’s Municipal Engineering Standards and accepted for use as the
official reference for grading approval;
(l)
"Municipal Violation Tag" means a City-issued notice that alleges an
offence and provides a person with the opportunity to pay an amount to
the City in lieu of prosecution for the offence;
(m)
“Owner” means any Person who is currently registered on title under the
Land Titles Act;
(n)
“Parkland” means any property owned, controlled, or maintained by the
City that is:
i.
preserved as a natural area;
ii.
designated or districted as park under the City’s Land Use Bylaw;
or
iii.
designated as, municipal reserve (or any of the original designates
under the Planning Act), school reserve, municipal and school
reserve or environmental reserve pursuant to the Municipal
Government Act;
(o)
“Peace Officer” means a Person employed for the purposes of preserving
and maintaining the public peace, and includes
i.
a provincially-appointed Community Peace Officer for the City of St.
Albert;
ii.
a Bylaw Enforcement Officer authorized to enforce this Bylaw in
accordance with his or her appointment; and
BYLAW 14/2015 (Page 2)
ATTACHMENT 1
iii.
a regular member of the Royal Canadian Mounted Police;
(p)
“Person” includes any individual, corporation, society, association,
partnership, or firm;
(q)
“Positive Drainage” means a condition where the finished grade or clay
surface of a property is sloped away from all structures, directing water to
a similarly sloped drainage swale and storm sewer collection system;
(r)
“Public Land” means any property owned, controlled, or maintained by the
City, including the following:
i.
Parkland;
ii.
Public Roadway;
iii.
public utility lot (PUL), utility lot, or walkway; or
iv.
any undesignated lot;
(s)
“Public Roadway” means:
i.
a local road;
ii.
a service road;
iii.
a street;
iv.
an avenue;
v.
a lane; or
vi.
an undeveloped registered road plan that is publicly used or
intended for public use;
(t)
“Rough Grading” means the establishment of surface grades and
elevations on the clay, in accordance with the approved Lot Grading Plan,
preceding the Finished Grade;
(u)
“Section” means a section of this Bylaw:
(v)
“Side Yard” means that portion of a Lot extending from the front yard to
the rear yard and between the side property line of the Lot and the closest
side of the principal building;
(w)
“Slope” means any inclined portion of the ground surface, including but not
limited to the edge or side of an embankment, ravine, hill, river, stream,
Surface Drainage Facility, or soil retaining structure;
(x)
“Storm Drainage” means water collected as a result of natural precipitation
or from the melting of snow or ice;
(y)
“Surface Drainage” means the removal or distribution of water, including
Foundation Drainage and Storm Drainage, that collects on the ground
surface;
BYLAW 14/2015 (Page 3)
ATTACHMENT 1
(z)
“Surface Drainage Facility” means any public facility or facilities
associated with drainage, control, or collection of Surface Drainage that is
ultimately directed to a Public Roadway or other Public Land, and
includes, but is not limited to:
i.
a grass or landscaped swale;
ii.
a concrete or asphalt walkway, gutter, or swale;
iii.
a catch basin;
iv.
a drainage control fence or structure; or
v.
the sloping and contouring of land to facilitate or control Storm
Drainage;
(aa)
“Utility Right-of-Way” means a utility right-of-way granted pursuant to the
Land Titles Act;
(bb)
“Violation Ticket” means a violation ticket issued in accordance with the
Provincial Offences Procedure Act R.S.A. 2000, c.P-34, as amended;
(cc)
“Yard Waste” means waste from gardening or horticultural activities and
includes, but is not limited to, grass, leaves, plants, tree and hedge
clippings, and sod.
PART 2
GENERAL
3.
(1)
Nothing in this Bylaw shall exempt any Person from complying with any
other Bylaw or requirement of the City, or from obtaining any license,
permission, permit, authority, or approval required by any other Bylaw or
by any applicable regulatory authority.
(2)
Where the provisions of this Bylaw conflict with those of any other Bylaw
of the City or any statute or regulation, the higher or more stringent
requirements shall prevail.
COMPLIANCE WITH INSTRUMENTS REGISTERED ON TITLE
4.
The Owner of a Lot shall comply with the terms and conditions of any restrictive
covenant, easement agreement, utility right-of-way, or any other document
registered on the certificate of title for that Lot, in which the City has an interest,
including encumbrances designed to protect:
(a)
a drainage structure;
(b)
a swale;
BYLAW 14/2015 (Page 4)
ATTACHMENT 1
(c)
a ditch;
(d)
the overflow area of a stormwater management facility;
(e)
the stability of a Slope; or
(f)
any other required surface drainage feature.
OWNER RESPONSIBILIITES
5.
Owners shall:
(a)
establish and maintain proper grading within their Lots, ensuring positive
drainage, from building foundations and exterior elements, to an
acceptable Surface Drainage Facility
(b)
at any time, eliminate any nuisance, hazardous, or damaging Surface
Drainage conditions originating from their Lot, as directed by the City.
PART 3
SURFACE DRAINAGE & ALTERATION OF SURFACE GRADES
6.
(1)
(2)
Unless otherwise approved by the City:
(a)
Driveways extended towards the Side Yard property line shall be
set back 1.25 metres from the Side Yard property line. Driveways
constructed prior to this Bylaw coming into effect shall not be
affected by this Bylaw.
(b)
Retaining walls or similar structures shall not be constructed or
installed in a manner that, in the opinion of the City, will negatively
affect Lot drainage on the property or adjacent properties, and must
comply with the City’s Land Use Bylaw. Retaining structures shall
be constructed entirely within the bounds of a Lot and not on Public
Lands.
Underground sprinkler systems, or similar watering devices, shall not be
installed within 15 centimetres of a property line and shall not direct water
onto, or be deemed a nuisance or hazard, to an adjacent property.
BYLAW 14/2015 (Page 5)
ATTACHMENT 1
(3)
No Person shall alter or permit the alteration of the Finished Grade of a
Lot such that:
(a)
a nuisance, hazard, or damage is caused or has the potential to be
caused; or
(b)
the stability of a Slope is adversely impacted.
(4)
The Owner of a Lot must establish and maintain Finished Grade on the
Lot in compliance with the Lot Grading Plan or best grading practices
where a grading plan for the area does not exist or is not available.
(5)
No Person, except employees or agents of the City, or other Persons with
specific authorization of the City, shall obstruct, remove, regrade, alter,
divert, or in any way interfere with, a drainage swale, canal, ditch,
reservoir, or other Surface Drainage Facility located within a Utility Rightof-Way or the lands within a Utility Right-of-Way itself.
(6)
No Person, except employees or agents of the City, or other Persons with
specific authorization of the City, shall alter, regrade, or obstruct the
Finished Grade within Public Land.
(7)
No Person shall fill, drain, or otherwise alter any naturally occurring
feature, waterbody, watercourse, or wetland without the written approval
of the City and any other duly authorized regulatory authority.
ROOF DRAINAGE AND RELEASE OF FOUNDATION DRAINAGE
7.
(1)
(2)
An Owner or occupier of a Lot shall direct any rainwater downspout or
eavestrough on the Lot:
(a)
to the front of the Lot;
(b)
to the rear of the Lot, for properties with split drainage only;
(c)
to a Surface Drainage Facility located in a Side Yard; or
(d)
as directed by the approved Lot Grading Plan.
No Person shall allow downspouts, eavestroughing, sump discharge
piping, surface drains or other means of directing Surface Drainage on a
Lot to terminate within 2 metres of:
(a)
a Utility Right-of-Way containing a Surface Drainage Facility,
except where such Surface Drainage Facility is located in a Side
Yard; or
BYLAW 14/2015 (Page 6)
ATTACHMENT 1
(b)
(3)
the back of a public sidewalk, except where the Owner has written
approval from the City Engineer or the Lot is the subject of a cost
share agreement with the City allowing for the Lot’s sump pump
discharge pipe to be extended below the sidewalk to the curb.
No Person shall permit roof drainage, Foundation Drainage, or a sump
discharge pipe from a building to terminate:
(a)
or pass within 15 centimetres of an adjacent Lot;
(b)
or pass within 30 centimetres of Public Property, unless in
accordance with an agreement as referenced under Section
7.(2)(b);
(c)
in an unconnected underground discharge;
(d)
in a location that does not have positive drainage away from the
building(s) on the same property;
(e)
in a location where the flow of water or accumulation of water would
adversely affect or have potential to adversely affect the stability of
an adjacent or neighbouring Slope or Parkland; or
(f)
in such a way that it would or could create, as determined by the
City, a nuisance, hazard, or damage to neighbouring Public Land or
private property.
INTERFERENCE WITH SURFACE DRAINAGE FACILITY
8.
(1)
(2)
Any Person who owns or occupies a Lot on which a Surface Drainage
Facility is located within a registered Utility Right-of-Way must ensure that:
(a)
no building or other structure is constructed, erected, placed, or
allowed to remain on or over the Surface Drainage Facility; and
(b)
the Surface Drainage Facility remains clear of soil, silt, Yard Waste,
landscape mulch, debris, ice, snow, or other matter which may
obstruct, restrict, or prevent the flow of Storm Drainage within the
Surface Drainage Facility or the storm drainage system.
The City will not be held liable for any damages caused by a Person
acting in contravention of this Bylaw.
BYLAW 14/2015 (Page 7)
ATTACHMENT 1
9.
The Owner of a Lot must allow employees or agents of the City, or other Persons
with specific authorization of the City, to access a Utility Right-of-Way for the
purposes of inspection, maintenance, and repair within 24 hours of the City
providing notice of its intent to access the Utility Right-of-Way. In the event of an
emergency, the City may waive the 24 hour notification requirement to access
the Utility Right-of-Way.
PART 4
OFFENCE
9.
A Person who contravenes any provision of this Bylaw is guilty of an offence.
CONTINUING OFFENCE
10.
In the case of an offence that is of a continuing nature, a contravention of a
provision of this Bylaw constitutes a separate offence with respect to each day,
or part of a day, during which the contravention continues, and a Person guilty of
such an offence is liable to a fine in an amount not less than that established by
this Bylaw for each separate offence.
FINES AND PENALTIES
11.
A Person who is guilty of an offence under this Bylaw is liable:
(a)
to a fine in an amount of $500 for any offence under sections 4, 5, 6, 7,
and 8 of this Bylaw;
(b)
on summary conviction, to a fine not exceeding $10,000.00 or to an order
of imprisonment for not more than 1 year, or both.
MUNICIPAL VIOLATION TAG
12.
(1)
A Peace Officer may issue, with respect to an offence under this Bylaw, a
Municipal Violation Tag specifying the fine amount established by this
Bylaw.
(2)
Where a Municipal Violation Tag is issued, the fine amount indicated
thereon may be paid as directed in lieu of prosecution.
BYLAW 14/2015 (Page 8)
ATTACHMENT 1
VIOLATION TICKET
13.
(1)
(2)
A Peace Officer may issue, with respect to an offence under this Bylaw, a
Violation ticket:
(a)
specifying the fine amount established by this Bylaw; or
(b)
requiring an appearance in court without the option of making a
voluntary payment.
Where a Violation Ticket specifies a fine amount, a voluntary payment
equal to the specified fine amount may be made as directed.
CERTIFIED COPY OF RECORD
14.
A copy of a record of the City, certified by the City Manager as a true copy of the
original, shall be admitted in evidence as prima facie proof of the facts stated in
the record without proof of the appointment or signature of the person signing it.
PART 5
BYLAW COMING INTO EFFECT
15.
This Bylaw shall take effect on _______, 2015.
READ a first time this _____ day of May, 2015.
READ a second time this _____ day of May, 2015.
READ a third and final time this _____ day of May, 2015.
SIGNED AND PASSED this _____ day of _________________, 2015.
________________________________
MAYOR
________________________________
CHIEF LEGISLATIVE OFFICER
BYLAW 14/2015 (Page 9)
ATTACHMENT 2
1. DECIDING TO ENGAGE TEMPLATE
A. Project Description
Project Name:
Surface Drainage Bylaw
Responsible Department:
Engineering Services
Project Sponsor:
Tracy Allen
Project Manager:
Tanya Hynes
B. Need to Engage
If you select yes to any of the below, engagement is necessary
Yes
No
Comments
The issue directly affects a specific
group in the community, their rights
Potentially all residents
and entitlements
The project will impact or cause
Residents may have to spend money
inconvenience to the daily lives of
redesigning and regrading their yards,
residents including services and
and reposition downspouts in order to
programs
comply with new bylaw
Public input is required for project
Bylaw development and future
development
amendments
The issue directly and significantly
affects the natural environment
A significant number of people or
Residents who are adversely affected by
particular groups are likely to have
surface drainage issues
strong views on the issue
The change or issue is likely to
For residents with surface drainage
directly affect quality of life
issues
A legal administrative trigger, such as
public hearing, subdivision or a
Bylaw will be going to public hearing.
process governed by the Municipal
Government Act
The decision has long-term, largescale or otherwise significant social,
Potential to affect many residents.
environmental and/or economic
impacts for one or more stakeholder
groups
There is – or will be – public and/or
Minor, possibly more, unsure of interest
media concern over the issue
to masses and media.
ATTACHMENT 2
2. PLANNING TO ENGAGE
A. Who Will Be Engaged?
External Stakeholders
Group
What issues interest this group?
City Wide
Residents
How a new surface drainage
bylaw could impact them.
Engagement
level
Notification
Radius
Inform,
Consult, &
Involve
Internal Stakeholders
Group
What issues interest this group?
Infrastructure
Services
Access to swales and catch basins within
URWs on private property, damage to
boulevards, sidewalks, and parkland.
Lot grading establishment and maintenance.
Planning/
Building Services
Engineering
Municipal
Enforcement
Legal
Environment
Infrastructure integrity and drainage issues
on public property.
Bylaw development and enforcement.
Bylaw development.
Bylaw development and protection of reserve
lands.
B. Outcomes of Engagement
Input for bylaw development.
Residents that feel engaged and informed.
A Surface Drainage Bylaw that meets the needs of residents.
Proposed
engagement
tools
City website,
City Lights,
Facebook,
Twitter,
advertisements,
Open house,
Online survey
Inform &
Consult
Proposed
engagement
tools
Bylaw
Development
Inform &
Consult
Inform &
Consult
Inform &
Consult
Inform &
Consult
Inform &
Consult
Bylaw
Development
Bylaw
Development
Bylaw
Development
Bylaw
Development
Bylaw
Development
Engagement
level
ATTACHMENT 2
C. Key Messages to the Public
We want your input.
The City of St. Albert is encouraging residents to provide their input on a proposed surface drainage
bylaw that will help regulate the way water drains off of properties on public and private land within
St. Albert.
D. Tools and Events
Timeline
January
29, 2015
Jan. 30Feb. 20,
2015
Tool/Event
Objective
Details
Open House
Resident input on bylaw
development.
Grandin Clubhouse
Online Survey
Resident input on bylaw
development.
Available from City website
E. Coordination with Other Departments and Initiatives?
N/A
F. How will input be used? How will input inform recommendations?
To develop a surface drainage bylaw that will meet residents’ needs.
G. Budget
Estimated:
St. Albert Expo:
$2,000
Q1
Actual:
Q2
Q3
Q4
Review and Approval
Communications Advisor
Date
Project Sponsor/Manager
Comments:
Date
ATTACHMENT 2
C. Engagement Objectives
Gather input and engage residents
To determine if residents believe this bylaw would help resolve surface drainage issues on their
property
Inform and educate
Mitigate risk, identify unknown issues- discover potential impacts the City may not have identified
To assess whether residents feel the benefits of the bylaw outweigh the possible adverse impacts
Understand what the residents are looking for in a surface drainage bylaw- determine if this light
version be adequate to address residents wants/needs.
Satisfy public engagement requirements
D. Reason for Engagement
Council Direction
Requirement of MGA
Direction from SLT
Other (explain): Creating a new bylaw that has the potential to impact many residents
Exceptions
Covered in Policy P&E-01
Notification with radius of less than 100 m
Approval – No Engagement Required
Project Sponsor/Manager
Date
ATTACHMENT 2
3. REPORTING ON ENGAGEMENT
A. Achieving Public Engagement Objectives
Objectives
Gather input and engage
residents
To determine if residents
believe this bylaw would help
resolve surface drainage issues
on their property
Inform and educate
Mitigate risk, identify unknown
issues- discover potential
impacts the City may not have
identified
To assess whether residents
feel the benefits of the bylaw
outweigh the possible adverse
impacts
Understand what the residents
are looking for in a surface
drainage bylaw- determine if this
light version be adequate to
address residents wants/needs.
Satisfy public engagement
requirements
How was it achieved?
Held an Open House and offered an online survey to gather
experiences and information.
Survey results indicate residents feel our current practices are
not sufficient to deal with surface drainage issues.
Staff were available at Open House to discuss project and
individual concerns.
The online survey asked participants to identify any unknown
issues that were not presented.
Residents have not seen the bylaw yet. It is our recommendation
that the draft bylaw be open for public review for 60 additional
days once presented to Council. This will give residents an
opportunity to read the specifics of the bylaw.
It is believed that the draft bylaw addresses the majority of needs
identified by residents.
Residents had opportunities to provide their input at the Open
House and through the online survey.
B. Results and Responses
Issue identified
Some residents want a bylaw to
address surface drainage issues
The City Engineer’s approval
should not be required to make
changes to lot grading on
private property (1 response)
A surface drainage bylaw is not
required (2 responses)
People should be allowed to
connect their sump discharge
directly into the storm sewer (1
response)
Source
Residents
Residents
Resident
Resident
(City/department) Response
A draft bylaw has been prepared
and is being presented to Council.
This was a directive from Council to
include in the draft bylaw.
Council directed Administration to
draft a surface drainage bylaw
The storm sewer system is not
designed to handle that much
direct discharge into the system.
This could result in system
surcharging.
ATTACHMENT 2
C. Conclusion
•
We are presenting a bylaw that meets the directive of Council and will address the majority of
drainage complaints received.
D. Lessons Learned from Public Engagement
•
It appears some residents completed the survey more than once. Future surveys should be
limited to one response per household.
ATTACHMENT 3
Surface Drainage Survey Report & Summary
Public Engagement and Community Feedback
Surface Drainage Survey Report and Summary
Page 1
ATTACHMENT 3
TABLE OF CONTENTS
Executive Summary ...................................................................................................... 3
Surface Drainage Open House .................................................................................... 3
Surface Drainage Online Survey ................................................................................. 4
Survey Results .............................................................................................................. 5
Open House Paper Survey .......................................................................................... 5
Online Survey ............................................................................................................ 10
Open House Feedback and Comments ..................................................................... 24
Surface Drainage Survey Report and Summary
Page 2
ATTACHMENT 3
EXECUTIVE SUMMARY
Administration was directed by Council to prepare a surface drainage bylaw for
Council’s review by the end of Q1 2015. In order to develop the content of the bylaw, it
was necessary to conduct public engagement activities to determine whether the
framework of the draft bylaw would meet the needs of the community and if residents
felt a surface drainage bylaw was required.
Administration held an Open House and asked residents to complete an online survey
to determine the types of surface drainage issues residents are experiencing and to
identify any potential impacts of a surface drainage bylaw that the City had not
identified.
A paper copy of the online survey content was available at the Open House and
attendees were invited to complete it and submit their responses at that time. The online
survey, through the City’s website, was available between January 30, 2015 and
February 20, 2015. The complete survey results and comments from the Open House
are shown in the next section of this report.
It is recognized that the sampling of survey respondents from the Open House may not
be fully representative of the City as a whole due to the low attendance numbers. The
information collected is considered valid though as not all residents will be affected by a
surface drainage bylaw as they are not experiencing surface drainage issues. For those
experiencing difficulties, the bylaw may offer them a mechanism to resolve their surface
drainage issues.
A significant result in the survey indicates that the majority of property owners are not
aware of the instruments registered on their property and how those restrictions may
impact the use of their property. A communications and educational campaign will be
required when implementing the Surface Drainage Bylaw to ensure property owners are
in compliance with instruments registered on their Certificate of Land Title.
Surface Drainage Open House
On January 29, 2015 a Surface Drainage Open House was held at Grandin Clubhouse.
The event was attended by:
• 16 St. Albert households,
• members of the St. Albert Gazette, and
• 3 members of City Council.
The purpose of the Open House was to share with residents the framework for the
proposed bylaw, to receive input and feedback from residents on the proposed bylaw
Surface Drainage Survey Report and Summary
Page 3
ATTACHMENT 3
and their drainage experiences, and to provide tips to residents on ways to improve
surface drainage in their own yards.
The majority of attendees from the Open House indicated they have been negatively
impacted by surface drainage and attribute it mainly to the actions or non-actions of
their neighbours; they do not feel the current practices in the City are sufficient to
address the majority of surface drainage issues within the City.
Surface Drainage Online Survey
The online survey was available between January 30, 2015 and February 20, 2015. The
survey consisted of 17 questions and was completed by 69 respondents. From the
comments, it appears some residents completed the survey more than once.
•
The results of the survey from the Open House found 83% of respondents had
experienced a surface drainage issue on their property, and 83% of respondents
attributed it to a neighbour’s surface drainage. While 17% of respondents did not
answer this question, 80% of those that did answer this question did not feel the
current practices in the City are sufficient to address the majority of surface drainage
issues within the City.
•
The results from the online survey were more varied. While more than 67% of
respondents stated they had experienced a surface drainage issue on their property,
only 50% of respondents attributed it to a neighbour’s surface drainage. While 19%
of respondents did not answer this question, 71% of those that did answer this
question did not feel the current practices in the City are sufficient to address the
majority of surface drainage issues within the City.
Surface Drainage Survey Report and Summary
Page 4
ATTACHMENT 3
SURVEY RESULTS
Open House Paper Survey
1. Have you ever had a surface drainage issue on your property?
Response
Percent
Answer Options
Response
Count
83.3%
16.7%
answered question
skipped question
Yes
No
5
1
6
0
2. Have you ever been adversely impacted by a neighbour's surface drainage?
Response
Percent
Answer Options
Response
Count
83.3%
16.7%
answered question
skipped question
Yes
No
5
1
6
0
3. If you answered Yes to Question 1 or 2, please explain what the surface
drainage issue was.
Answer Options
Response Count
5
answered question
skipped question
5
1
Response (verbatim):
•
•
•
•
•
Have neighbours on both sides that do not manage the drainage at all. One house drains eves
underground and is flooding my weeping tiles. I have installed 2 sump pumps to deal with the
volume of water being drained.
Neighbour along back fence filled in swale and restricted natural drainage from my neighbour and
us.
Neighbours evestrough drains onto our driveway- toward our house.
Regrading stopping drainage of water creating a lake in our backyard.
Snow stockpiled against our fence from a neighbouring churchyard melts and runs beside our
house. Church has changed their plowing habits and alleviated this threat of flooding. Water from
church roof falls onto side of our house. Again, the church has kindly moved spouts ro rgw back
and solved this issue.
The entire church yard slopes/runs into our property.
Garage rood draining onto my property.
Surface Drainage Survey Report and Summary
Page 5
ATTACHMENT 3
4. Has any activity such as new construction or landscaping occurred over the
years that may have caused or increased your drainage problem?
Answer Options
Response
Percent
Response
Count
50%
50%
3
3
1
Yes
No
Explain (optional)
6
0
answered question
skipped question
Response (verbatim):
•
Any new construction has helped our drainage problem.
5. If you answered yes to Question 4, please provide a summary of what
construction/landscaping was done and whether it was adjacent to or on your
property.
Response
Count
Answer Options
4
4
2
answered question
skipped question
Response (verbatim):
•
•
•
•
More dirt added to all 3 properties surrounding us. Property to our left has built a flower bed and a
makeshift retaining wall trying to stop drainage into his yard. We are now low man with the lake in
the backyard. No where for water to flow.
We run our roof snow melt down a fence line (on the church side though) to the road in front of our
house. The church is unhappy with the eavestrough running down their side of the fence. We feel
the fence in on our property line. This line drains back onto our property.
Neighbour raised level of their lot by 8” to 12” high and filled in swale along utility right-of-way along
back fence. Neighbour refuses to change to comply with requirements.
New house built with eves draining under sidewalks.
6. Have you ever contacted the City of St. Albert about this surface drainage
issue?
Answer Options
Yes
No
Surface Drainage Survey Report and Summary
Response
Percent
66.7%
33.3%
answered question
skipped question
Response
Count
4
2
6
0
Page 6
ATTACHMENT 3
7. If you answered yes to Question 6, was the City of St. Albert able to help you
identify the surface drainage issue(s)?
Answer Options
Yes
No
How (please explain)
Response
Percent
Response
Count
75%
25%
3
1
2
4
2
answered question
skipped question
Response (verbatim):
•
•
But couldn’t help us. We need to work with neighbours or spend lots of money we don’t have to fix
the problems.
Not interested- did not look at it.
8. Were you able to resolve the issue once it was identified?
Answer Options
Yes
No
Not Applicable
Response
Percent
16.7%
66.6%
16.7%
answered question
skipped question
Response
Count
1
4
1
6
0
9. Do you feel current practices are sufficient to address the majority of surface
drainage issues within the City?
Answer Options
Yes
No
Response
Percent
20%
80%
answered question
skipped question
Response
Count
1
4
5
1
10. Are there any catch basins, drains, pipes or swales located on or near your
property?
Answer Options
Yes
No
Unsure
Surface Drainage Survey Report and Summary
Response
Percent
50%
50%
0%
answered question
skipped question
Response
Count
3
3
0
6
0
Page 7
ATTACHMENT 3
11. Do you have an existing utility right-of-way or easement agreement registered
on your property?
Answer Options
Yes
No
Unsure
Response
Percent
50%
33.3%
16.7%
answered question
skipped question
Response
Count
3
2
1
6
0
12. If you answered yes to Question 11, have you read the registered utility rightof-way/easement agreement and are you aware of the restrictions on how you are
able to use the utility right-of-way area and your responsibilities to ensure it is
adequately maintained?
Answer Options
Yes
No
Not Applicable
Response
Percent
50%
33.3%
16.7%
answered question
skipped question
Response
Count
3
2
1
6
0
13. Do you have a restrictive covenant registered on your property for disturbed
soils, top of bank restrictions, or slope stability?
Answer Options
Yes
No
Unsure
Response
Percent
16.7%
50%
33.3%
answered question
skipped question
Response
Count
1
3
2
6
0
14. If you answered yes to Question 13, have you read the registered restrictive
covenant and are you aware of the restrictions on your property?
Answer Options
Yes
No
Not Applicable
Surface Drainage Survey Report and Summary
Response
Percent
20%
60%
20%
answered question
skipped question
Response
Count
1
3
1
5
1
Page 8
ATTACHMENT 3
15. Do you agree with the following statement? Property owners have a
responsibility to establish and maintain proper grading within their property,
ensuring positive drainage from building foundations and exterior elements, to an
acceptable surface drainage facility.
Answer Options
Response
Percent
100%
0%
answered question
skipped question
Yes
No
Response
Count
5
0
5
1
16. Is there anything else that should be incorporated into the proposed surface
drainage bylaw?
Response
Count
Answer Options
3
3
3
answered question
skipped question
Response (verbatim):
•
•
•
Impacts of lack of street surface drainage that needs to be addressed as well.
Not sure a bylaw is the answer. Case by Case- surface drainage program (expert advice).
Excess proper grading on one property may impact a neighbour’s drainage so it is more important
that proper grading in an owner’s yard doesn’t adversely impact their neighbours. It needs to be
positive for both.
17. What other impacts or consequences may there be to residents that the City
should consider?
Response
Count
Answer Options
14
answered question
skipped question
14
30
Response (verbatim):
•
•
We must try to get along with all neighbours.
There needs to be a mechanism for the City to have clout in resolving drainage issues without
resorting to legal remedies.
Surface Drainage Survey Report and Summary
Page 9
ATTACHMENT 3
Online Survey
1. Have you ever had a surface drainage issue on your property?
Response
Percent
Answer Options
Response
Count
66.7%
33.3%
answered question
skipped question
Yes
No
46
23
69
0
2. Have you ever been adversely impacted by a neighbour's surface drainage?
Response
Percent
Answer Options
Response
Count
50%
50%
answered question
skipped question
Yes
No
34
34
68
1
3. If you answered Yes to Question 1 or 2, please explain what the surface
drainage issue was.
Answer Options
Response Count
43
answered question
skipped question
43
26
Response (verbatim):
•
•
•
•
Basement flood
Side neighbour: eves for years pointed directly at our house which is over 2 ft lower. created a
channel where water goes under this foundation. Brian B said has probably created a small pool
under foundation .Creates over 70% humidity in the basement. Moisture comes through the floor in
the form of moisture and efflorescence which (mineral deposits) which deteriorate the floor as well
as causing cracks. Conditions that created mold that lead to very serious health issues.
Their side and back grading directed to us and again flows under foundational. The back neighbour
removed tress and regraded which again flows to us. Plus when his yard was collecting water,
rather than deal with his grade and down spout. He dug channels under the fence which is on our
property and we had streams of water flowing. I have pictures of all these situations. When Carl
went to his door and asked him to stop doing that he said "show me a piece of paper that says I
can't"
Next door contracted for sod installation. Their contractor did not grade their property downhill from
back to front and additionally left some low spots near our fence-line further back. Their substantial
up-slope still exists.
Neighbor changed grade of property so water drained onto ours and into basement through
window.
Surface Drainage Survey Report and Summary
Page 10
ATTACHMENT 3
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
The current issues are:
1. Neighbour put tiles on surface next their house so all water runs off of their property and over
retaining wall towards our house, which a few feet from the wall.
2. Several neighbours redid the original drainage pattern, they created a swale that runs water
(including from downspouts) from 3 other houses through our backyard, just 10 feet from our
house. To make things worse, the neighbour next us, who receives water from two others, put a
raised flower bed in the swale that functions like a "dam", so the swale water pools next to his
fence, several inches deep and now runs over aforementioned retaining wall towards out house.
We have had mould in the basement and have continuous hight humidity and efflorescence, which
makes it impossible to use basement floor.
Our neighbourhood built in the early 1960s slopes roughly to the south, as a result depending on
where you are on the slope run off from one yard drains into the next. In some cases home owners
have built retaining walls to control the flow of water particularly spring runoff.
New ground settled over the winter causing a change to the grade and accumulation to form.
Grading on back property slopped wrong way. Eavesthroughs of neighbours positioned over fence.
Getting neighbours water in yard. Culvert built
new construction, bad landscaping
Downspouts from both side neighbours are bordering the property line and both cause enormous
amount of ice to form during melt and freeze on my property and sidewalk. One downspout is not
long enough and the drainage onto my property has caused my garage pad cement to rot.
Drainage issues during construction
directing down spout water into yard and putting down spouts over fence into neighbour yard.
grading of neighbours back yard sloped wrong way.
pooling on the sidewalk
land slopes toward the house rather than away
sloping driveway to the garage, pools rain water
Our neighbor does not have any of his downspouts connected and during a large rain downpour in
2014 this caused water to pool on the surface of both our yards, eventually pooling into our
basement window well where it caused our basement to flood. Our finished basement now needs
to be re drywalled due to water damage, flooring needed to be ripped up, and the only thing we
could do due to the complete lack of city bylaws was to inform him of the issue and ask him to
reattach his downspouts. It has almost been a year and he still has not done anything.
neighbour has garage downspouts within 6 inches of fence pointed toward our yard
All water drained from the houses and from the street on our corner of our crescent end up pooling
at the end of my driveway.
currently have surface drainage diverted under side walk from neighbour, causes my sump pumps
to run ever 5 minutes during rain! His downspouts are causing side walks to heave in the winter
and destroying the city side walks
I live on a corner lot. During a big melt, run-off from up the street diverts onto the sidewalk through
my neighbour's driveway and floods my sidewalk in both directions. During the melt/freeze cycles, it
becomes dangerous and very difficult to drain away.
Their house was offset just behind ours and their drain spout was only about 2 feet, therefore we
always had a pond at the front corner of our house.
1) one lot / driveway drains onto my lot instead of down the driveway towards the city storm drain.
2) The neighbour has hand crafted his own idea of drainage that is slightly hideous and slightly
questionable on its abilities to assist rather than just look hideous. Its also a disappointment to
have the dominant view of the hideous drainage contraption that is also prone to backflow.
Slope of ground had settled and water draining towards house causing issues during heavy rain
Flooding from negligent neighbours downspout
The grading on most of my block ends up on one side and on the back of my backyard...
Surface Drainage Survey Report and Summary
Page 11
ATTACHMENT 3
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•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Incorrect sloping of yards around ours has caused our basement to flood the last two years
In the spring the water from our neighbours yard floods ours...including dog feces
spring water draining toward our, and our neighbours lot from a side neighbour and back
neighbour. Both have made grade and eves trough changes
My neighbour re-directed all water from both sides of his garage roof (at the back of his property) to
one downspout, which he extended to the our property line. In spring of 2014, with that one day of
heavy rain, the grass between the fence and my house was like a rice-field (there was so much
water) and we ended up with water in the basement. On top of that he removed grass from most of
his back yard and replaced it with some black mulch, which is also transferring to our back yard.
There has been slumping in my yard, just due to the age of the lot (1990).
Large water pools in the side yard
Surface drainage is directed toward my residence.
Their entire lot drains into ours (the community is built on a slope, with original sloping of back-tofront grading. All down-spouts and general run off are directed at our property.
After final grade was approved, neighbor constructed a 2' high retaining wall in order to build up
yard. This was approx. 2' away from the brick fence developer installed, there fore restrict in natural
drainage. The neighbor then buried drain from evestough and drained approx. 40' of roof between
fence and wall. I then had issues with water entry to the basement. This happened twice costing
me approx. $25,000.00 dollars to have remediation and weeping tile installed on the interior of
footings in the basement. I have had the city drainage people examine my yard and it meets all
criteria for proper drainage. When they view the neighbors yard they see where the issue is but are
unable to do any corrections as the home owner must give permission to enter the yard. The city
engineering group has tried to help but cannot gain access to property as neighbor ignores all
requests.
My neighbors have twice let their downpipes drain into the area between our houses and the rain
water has filled my bsmt window well until the water has poured into my basement through the
window
Neighbor has built up a steep grade between our houses that overwhelms the natural valley
between our lots and forces water far enough to my side to seep down to my sump. My sump hose
runs down the fence-line to try to push the water back into the lower area between our lots where it
can run down to the drain in the back of our yards, but the neighbor has come into my yard and
moved the hose so it dumps next to my house (by the foundation where it just cycles back to the
sump), claiming that the water running by the fence will affect the flower garden that they've built in
the drainage area. It's crazy, but to try to keep the peace I've stockpiled 2 yards of sand, and 6
yards of clay to re-grade my side to try to manage the water. And temporarily I've extended my
sump hose from 30' to 50' where it can run out of a lower tier of my lawn and not get moved by
neighbor.
The house behind me has a retaining wall within 1 m of the city concrete drainway. Their retaining
wall does not allow any drainage (and is actually in danger of collapsing) and because of this all the
water in their yard flows down into our yard. My backyard lawn is flooded for at least a month
longer than all my other neighbors in the spring.
Poor drainage
My neighbours sump pump hose is running to the back of his yard where we share a portion of a
fence. I have had to replace the fence because it rotted due to excess water and received no
compensation from that neighbour. The water from that sump hose has caused roughly 1.5 metres
of my yard to be continually wet all spring through fall
None of my neighbours have a sump house attached and my neighbours house is 4 ft away, my
neighbours lots behind me drain into my yard....towards my back wall...causing excessive water.
Yard grade was towards our house. Had settled and previous owners had removed a tree without
filling properly
I am in an older home and some of the ground around the house has sunk. I need to do some
grading so that the water flows away from my house better.
The issue was (and continues to be) water flowing from the neighbouring condominium, under the
shared fence, on to our lawn which is between the fence and several of our bungalow units. As a
Surface Drainage Survey Report and Summary
Page 12
ATTACHMENT 3
result the ground is usually saturated or damp most of the summer.
4. Has any activity such as new construction or landscaping occurred over the
years that may have caused or increased your drainage problem?
Answer Options
Yes
No
Explain (optional)
Response
Percent
Response
Count
24.2%
75.8%
16
50
17
answered question
skipped question
66
3
Response (verbatim):
•
•
•
•
•
•
•
•
•
•
•
Side neigbour @ number 12 (Street Name removed by staff) and the # 14 years ago got together
and regraded their back years swale to all run to this house.
#12 side yard has a 2 1/2 ft retaining wall between our north side walls. That is filled up with gravel
above the retaining wall then paving stones tight together on top of that, brought to the edge of the
retaining wall. The rain and snow melt flows to us and runs down the retaining wall and under our
foundation. # 12 had his eves trough redone 2013 as his basement was also now flooding as the
ground has settled from the water pooling over the last few years, which used to just flow to us, we
still get it also.
With this change, much better, yet missing another element. He brings it right to the curb edge. His
big roof has the heater wiring and the run off flows from his and freezes in front of our driveway
creating a mass of ice which is dangerous. It need to be about 3 ft or so back on his property so
can settle in. It is important that where the downspout ends is well pas our house. The best would
have been to have the eves trough company change the grade of the eves to drain from the other
end of the roof and the water used to water his big lawn and trees.
#8 behind us, regraded his front with no swale and removing all the trees has changed how much
water is absorbed plus his one downspout is to short and flows back to the side of his house so he
diverted it to our lot and that flows under our shed creating mold and rot. Plus excess can flow
underground towards out house.
see above.
Its possible. The neighbourhood was developed in the '60s. One problem is the side walk is now
higher than it once was partially blocking drains meant to move water from back yards to the street.
This also results in puddles on the sidewalk which freeze and create a hazard.
My house is new, so some settling issues were expected.
Neighbours landscaping grade slightly higher than it should be
build up of rocks around permitter of neighbours yard. culvert
Just moved here two years ago. Had been a problem since I arrived.
Neighbor put in a backyard rink, and with the hill we lived on, it drained into our backyard with the
thaw. Luckily we had a lot of trees to soak up the extra moisture, but we did have a soggy backyard
every spring.
We live in an older area..some people do no maintain the areas behind their garages and don't
have eavesdropping
One side and one rear neighbour changed both (1) lot drainage and increased water flow by
(2)rerouting eve troughs so more water flows from there back lot towards neighbours lots due to
the also mentioned landscape changes( Note 1). There excess water is know longer contained on
there property and does not flow to the street as previous. This is in Sturgeon.
No construction, but the change in configuration of downspouts by my neighbour.
Surface Drainage Survey Report and Summary
Page 13
ATTACHMENT 3
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•
•
each yard, in my area, has a bevel that draws water away from the fence line and into the middle of
the yard, then out to the sides of the house to get to the front.
They rebuilt their entire home, using the existing foundation. From my discussions with a St. Albert
inspector, they were not required to have a lot plan/grading plan approved, since they kept their
original foundation. After the home was built (approx 2 months prior to us purchasing our home),
the grading was tampered with, prior to new sod being installed.
See above and check with engineering re 7 Ormandy Place.
Neighbor has built up clay next to their foundation, forming a steep ramp toward the property line.
It appears the properties were originally graded to slightly form a "v" at the property line to drain to
the back, but the neighbor installed flower beds at the fence line, and complained that drainage
water was washing them out, which is why (sadly) I think they are trying to force the drainwater into
my yard.
Just a failure to properly maintain their retaining wall
Several years ago the neighbouring condominium redirected their downspouts which caused the
runoff water to flow under the shared fence and directly on to our property. We do not have a drain
or catch basin located in the area where their runoff water flows on to our property.
5. If you answered yes to Question 4, please provide a summary of what
construction/landscaping was done and whether it was adjacent to or on your
property.
Response
Count
Answer Options
15
answered question
skipped question
15
54
Response (verbatim):
•
•
•
•
•
•
•
•
•
•
•
•
•
regrading with out concern for the affect to others.
poorly considered effect when redoing eves trough
Landscapers not looking at how they grade affects the flow to others
initial grading at construction very poor
Several neighbours redid the original drainage pattern, they created a swale that runs water
(including from downspouts) from 3 other houses through our backyard, just 10 feet from our
house. To make things worse, the neighbour next us, who receives water from two others, put a
raised flower bed in the swale that functions like a "dam", so the swale water pools next to his
fence, several inches deep and now runs over aforementioned retaining wall towards out house.
My house is new, so some settling issues were expected.
Adjacent basement
The drainage swale on the property behind us/up hill from us was modified by covering with rocks.
Landscapers elevated the swale so water flows on our side of the property line
See #4
functional and aesthetic changes made to adjacent properties
Back lot neighbour finished there driveway higher which was how there water was previously routed
to the street. they also changed there eve trough routeing so more water went to the back which
now flows to myself and our neighbour. The side neighbour raised his entire lot with a infill rebuild
which drains to his neighbours (myself).
Please, see comment above.
see above.
see above re retaining wall and modifications of final grade and restriction of surface drainage.
Surface Drainage Survey Report and Summary
Page 14
ATTACHMENT 3
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See answer above.
They were asked dig a small swale to redirect the runoff into their catch basin but they refused even
though we offered to share the cost.
We even tried to build up the property on our side to force the runoff to flow along the fence instead
of under it. This helped for a short while only. Then we had our eavestroughs and downspouts
changed in that area but it did not help because of the large amount of water flowing from the
neighbours side.
6. Have you ever contacted the City of St. Albert about this surface drainage
issue?
Answer Options
Response
Percent
31.8%
68.2%
answered question
skipped question
Yes
No
Response
Count
21
45
66
3
7. If you answered yes to Question 6, was the City of St. Albert able to help you
identify the surface drainage issue(s)?
Answer Options
Yes
No
How (please explain)
Response
Percent
Response
Count
66.7%
33.3%
14
7
21
answered question
skipped question
211
48
Response (verbatim):
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•
•
•
There was a summer program where an Engineering student came through and did a
review/assessment and offered recommendations which were great.
I also went on the City of Edmonton site which had great resources about managing drainage
around your house. My issue is that the land keeps settling around the foundation and ends up in a
reverse slope. The CoE had directions about making a slope board etc. i.e. very practical, tactical
suggestions for the homeowner making their own adjustments. My home was built in 1992 in Deer
Ridge/Dorchester West and sinking surfaces continue to be an issue in the neighbourhood.
Brian Bodez, city engineers, city council, and city by law have all come to our home.
You can see the water pooling and running at times. I have many pictures. The trench the fellow
dug is still there.
Verbally - they told me what ought to be. Still - the problem was left for me to resolve.
The sent out Brian, who could identify the issue, and that it was out of our control, and out of his
too, as there are no bylaws to be enforced.
Identify yeas = resolve no
Not fully initially, it was felt that there would not be an impact if there was a big rain storm but there
was and it caused a significant amount of damage to my side neighbors landscaping. This neighbor
was away and the city was called and the rear/uphill neighbour had to remove the rocks on the
swale.
Surface Drainage Survey Report and Summary
Page 15
ATTACHMENT 3
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Identify but nothing could be done
I submitted the issue last night.
An engineer from the city came and looked at the problem and told me that the street had sunk and
a new street sewer drain is needed. This was about 5 or 6 years ago and nothing has been done to
correct the problem. Danforth Crescent.
They talk, but no results, still happening, still no drainage in front of my home, I have a lake at the
end of my driveway and it is getting worse every year!
We had them do an assessment of the drainage of our yard. They identified the neighboring
problem and suggested we had a talk with the neighbor.
There is no bylaw to address drainage.
They issued a mail out to houses adjacent to the properties, defining that water should be
contained on your own property.
I said YES, however we had the city come out 2 years in a row. The first year the students said
that everything was fine, when it clearly was not. There was sinking along the back and side of the
house, as well as around a tree, that was not identified, in 2013, by the students. In 2014, students
came out, and a large amount of issues were identified. I found the students to be helpful, however
I had concerns that needed to be, and were not, followed up - sidewalk drainage, street/storm
drainage. In 2014 I was provided a very detailed drawing regarding my back yard, which I did find
very useful. when we attempted to contact the City to enquire about 're-grading' our lot, we got the
run-around between departments and staff. It was unclear whether we needed a permit, or an
inspection, or if we could just go ahead and re-grade.
We already knew what the issue was. My wife is a civil engineer, and I have several contacts that
land-survey full time. The city was no help at all. In short, i was told that i'm lucky to understand
construction and that i could take care of the issues myself instead of hiring a contractor. The
inspector was sympathetic that the City had to bylaws in place to help resolve the issues.
See above. Neighbor did not grant permission to city to enter property.
They inspected my area of concern and saw the direct involvement on my neighbor but without a
bylaw to force the neighbors to correct the problem they could only try to think of other means to
prevent this water from reaching my window well but basically saw that I've done everything in my
power to improve the grading on my property to help resolve the issue.
I did not think of contacting the city about the problem. When I looked online I found materials
explaining how to manage the water and protect the basement, I just thought the issue was my
problem to deal with by re-grading, building in a sump reservoir, etc.
They told me after looking at the neighbours yard that the sump hose drained out and into a brick
placed in their garden at the back of their yard. The water shoots out hits the brick with attempts to
water their garden
Some people came out to my house a couple years ago offering to comment on the grading and
make recommendations.
The City said they had no Bylaws for surface drainage issues and suggested we contact the
neighbouring condo. However, we had already done that to no avail.
8. Were you able to resolve the issue once it was identified?
Answer Options
Yes
No
Not Applicable
Surface Drainage Survey Report and Summary
Response
Percent
19.7%
34.4%
45.9%
answered question
skipped question
Response
Count
12
21
28
61
8
Page 16
ATTACHMENT 3
9. Do you feel current practices are sufficient to address the majority of surface
drainage issues within the City?
Answer Options
Yes
No
Other (please specify)
Response
Percent
Response
Count
28.6%
71.4%
16
40
30
answered question
skipped question
56
13
Response (verbatim):
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I'm not sure if there's a requirement that sump pumps drain under sidewalks but there are still those
that drain their sump over the sidewalk toward the road and the icy conditions created are a serious
hazard.
When we approached the #8 whole dug the trench he said show me a paper that says I can't
Every one listed above said it is not good the situation and their hands are tied as there is no way
to create a space to work with the neighbours other than courts which is to costly and creates more
negative feelings. We called mediation and said there was a drainage problem. The neighbour @
#12 refused to meet saying there is no drainage problem. Even the day I saw him standing in a
pool of water he still said to me there is not a drainage problem and said it was because we had
blocked the water which we had not. Some people require an outside enforcment to become more
reasonable. So we need by laws to be able to bring awareness to areas that cause harm.
The City should be able to force offenders to take corrective action. If they refuse, the City can
contract out the corrective action and add it to TAXES owing.
Also - when you have 8 feet between houses and both their downspouts are close together, there
will be a flood of water. This becomes ESPECIALLY bad during winter thaws and ice on sidewalks.
To minimize the problem, the City may let homeowners drain some of the eaves into the storm
sewer lines (at least during the winter). In our case, it would take less than $20 of material & a
couple of hours work to make the problem eaves selectively route the water.
My husband and I are new residence of St. Albert (since Aug. 2014), and haven't had any personal
issues with surface drainage yet, that we are aware of. But we do have a friend who lives in St.
Albert that has been dealing with surface water drainage problems from a neighbor's yard. I believe
the same (or similar) bylaws of other cities like Edmonton and Calgary, should apply in St. Albert as
well.
I believe the city needs to be more proactive in cleaning the streets when we get a thaw so as to
avoid storm sewer overflows come spring and massive icy pot holes in winter. I live on Savoy Place
and can not risk using my VW Golf for fear of it sliding into a icy pot hole and getting high centered
in the middle of the street. I'm therefore FORCED to use my truck to come and go on the street.
This issue is the cities responsiblity to control and manage. In the four years I've lived in St.Albert
as a home owner I've been repeatedly told that we pay high property taxes because our roads are
properly maintained and cleaned in the winter, From what I've seen I can only comment "BULL!" as
our street seldom gets cleaned and usually only when ourselfs and a few of the neighbours call and
complain. It should never come to that. Either pull up your socks and do the job that your taxing us
for or drop the property taxes to reflect the lack of road maintaince.
Our issue may not be a "majority" issue, but its forging consequences make it important, I think. It
severely affects property values and the quality of neighbour relations, and through that, the quality
of life in St. Albert.
What, in my honest opinion, is lacking is something that, from the city's side, makes neighbours
Surface Drainage Survey Report and Summary
Page 17
ATTACHMENT 3
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cooperate in cases such as ours.
We experience a "tough luck to you" attitude from several neighbours. When repeatedly asked for
cooperation, they turned hostile and will not discuss the matter, or speak to us at all. We even
invited them to a professional mediation, to which they did not even respond. "Talk to my lawyer"
was the last thing we heard. We feel intimidated by that. As we see these people every day this
continuously disturbs the sense of "home in the community" feeling we were hoping to find in St.
Albert, and thus feel unprotected by the city without such an enforceable bylaw.
I am sure an enforceable bylaw will make meaningful change to what extent many people feel
protected and taken care of by the city, thus raising the quality of life in St. Albert, and the relations
of residents to the City.
Blocked catch basins and surface drainage on the street is a problem when there is a thaw
particlarly in the spring.
I was able to resolve my drainage issues myself with no input from the city. It did not result in a
complaint to the city. It is impossible to know whether a bylaw like this would lead to increased
resolutions when we don't know if the current issues are getting resolved. I certainly didn't require
the motivation for resolving my drainage issue but I can understand how frustrating it would be if
someone else was causing an issue on my property who refused to do anything about it.
I am glad to have had the city to help. This would not be a situation where the rear neighbour could
have been dealt with as he has some known mental illness. The realization of knowing that our
landscaping and basement would be impacted by a neighbor maintaining a swale was a primary
factor in the decision to move to from that house.
I think that a drainage bylaw would give more specific regulation for control between neighbours so
that if an issue crops up, something can be done about it. Although, we have been lucky not to
have issues with neighbours drainage, we have heard of lots of horror stories in St. Albert.
City should inspect final grade including alterations through landscaping
I picked No, because there's no option for Maybe
There are no bylaws in place that deal with neighbours' downspouts draining towards ones
foundations. I don't know if this proposed new bylaw sufficiently deals with this.
There is no method of recourse if the neighbour has no intention of changing behaviour.
We are left to suing in civil court, which in some cases is not an option.
In my case, the problem is more one of surface drainage not going along gutter-ways into sewer
drains. It just hangs out on the sidewalk. So it would seem that there is an issue there that belongs
to the city. As for the new proactive approach, I have not
Our neighbor did not think it was a big deal and that was that. We did not want to get in to a fight
over the whole thing. I think it would help if when the city did an assessment, it was written up and
all problems are identified on the document, even if it had to do with a neighboring property. At
least you could use that document to back you up when you asked a neighbor to add on a few feet
on to his drain spout.
I'm not sure what you are referencing in regards to ''current practices", there are no current
practices / bylaws on surface drainage issues?
I wasn't really aware of this issue. now that i am a aware i think a bylaw makes sense as it can be
challenging dealing with neighbours without a framework.
Please stop wasting time and money on this
There needs to be a binding dispute resolution process.
I think there should be more awareness that "water draining away from your property can't be
flowing into your neighbours’ yards." I don't know why my neighbour thinks it's ok to redirect water
from his garage to my back yard.
I say NO because I experienced 2 different sets of students (2013, 2014), whom were in some sort
of engineering program, but were ultimately lacking in experience and practical knowledge. I found
this frustrating, as large amounts of time were wasted, while they were onsite and later in dealing
with the city, trying to determine the issues and my next steps (permitting, inspection,
Surface Drainage Survey Report and Summary
Page 18
ATTACHMENT 3
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A by-law would be a great way to give the city proper authority when needed. And will help to keep
these disputes out of the courts.
All new conteuction should require a final grade sign off from the city.
I feel that the city should be more involved with making sure that property owners are compliant
with all city bylaws. I would believe that most people don't want to turn their neighbours in order to
maintain good relationship with them. I would assume the City of St. Albert would want to make
sure everyone is paying for all the permits that are needed and or follow all the bylaws. This relates
to surface drainage as well as all bylaws.
Absolutely not. We ended up correcting the issue by digging a large swale into our yard, to drain
the neighbour's water to the front street. We are currently at a standstill, as i would like to see a
retaining wall installed to help prevent further erosion and misdirected run-off, but my neighbour is
being stubborn and refused to pay for half.
We have already incurred $10G of damages, and countless man hours. We have also sacrificed
around 250 sqft of our property, to address the run-off from our neighbour, due to the lack of city
support.
No other county around has this concern, as they all have bylaws in place to help resolve these
issues, especially when you have an ignorant and arrogant party involved. Hopefully St Albert
addresses these loop holes fast, and with serious concern. We currently are not considering living
in St. Albert for the long term any more.
Good neighbors aren't always born that way . Obviously my neighbors would have complied if they
had a bylaw telling them to. I had to file a police report in the end over this issue as my neighbors
were threatening towards me in front of my children due to this issue.
I'm not sure. I think that there are bylaws in place that could address my situation "if" I called them
in, but I'm trying to fix the issues (both water and maintain neighbor relationship). 1) their shed is
built on the property line (again in the area where the water was intended to run), not 1M away like
it is supposed to be. 2) I know they were trespassing on my property when they came in and moved
by sump line, and I would have followed it up if we'd had any water damage (sump saved the day,
again), as well - I overheard the husband giving the wife (who had moved the hose) a hard time
when he found out what had happened, explaining to her that she could have flooded our
basement.
No way to force the homeowner to fix his retaining wall until it actually collapses into my yard.
If there was an issue causing adverse effects to someone else's home/yard, I wouldn't be opposed
to a system where the offending homeowner is fined after a reasonable amount of time to correct
the issue. I do not agree with having to get a permit or engineering approval prior to altering a
home owner's grade.
10. Are there any catch basins, drains, pipes or swales located on or near your
property?
Answer Options
Yes
No
Unsure
Surface Drainage Survey Report and Summary
Response
Percent
37.7%
31.1%
31.1%
answered question
skipped question
Response
Count
23
19
19
61
8
Page 19
ATTACHMENT 3
11. Do you have an existing utility right-of-way or easement agreement registered
on your property?
Answer Options
Yes
No
Unsure
Response
Percent
30.0%
36.7%
33.3%
answered question
skipped question
Response
Count
18
22
20
60
9
12. If you answered yes to Question 11, have you read the registered utility rightof-way/easement agreement and are you aware of the restrictions on how you are
able to use the utility right-of-way area and your responsibilities to ensure it is
adequately maintained?
Answer Options
Yes
No
Unsure
Response
Percent
50.0%
21.4%
28.6%
answered question
skipped question
Response
Count
14
6
8
28
41
13. Do you have a restrictive covenant registered on your property for disturbed
soils, top of bank restrictions, or slope stability?
Answer Options
Yes
No
Unsure
Response
Percent
3.3%
63.9%
32.8%
answered question
skipped question
Response
Count
12
39
20
61
8
14. If you answered yes to Question 13, have you read the registered restrictive
covenant and are you aware of the restrictions on your property?
Answer Options
Yes
No
Not Applicable
Surface Drainage Survey Report and Summary
Response
Percent
6.7%
16.7%
76.7%
answered question
skipped question
Response
Count
2
5
23
30
39
Page 20
ATTACHMENT 3
15. Do you agree with the following statement? Property owners have a
responsibility to establish and maintain proper grading within their property,
ensuring positive drainage from building foundations and exterior elements, to an
acceptable surface drainage facility.
Answer Options
Response
Percent
94.6%
5.4%
answered question
skipped question
Yes
No
Response
Count
53
3
56
13
16. Is there anything else that should be incorporated into the proposed surface
drainage bylaw?
Response
Count
Answer Options
24
answered question
skipped question
24
45
Response (verbatim):
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Yes, sump pump drainage should be addressed - if it isn't.
possibly a permit for any landscape job by him or professional that changes grade.
I see campaign to inform the public and business that do work on property. Run contests with
useful ideas of using the downspout water or creating interesting swales between neighbours.
Kid/teenagers are very creative so could be a school run contest. Have trades who can address
with awareness these issues, know what they are doing, write articles in the papers thereby getting
free advertising while informing the public. Have a space on the city web site where people can get
information about changing the side of the evestrough downspout to make better use of the water
with out affecting others. If our #12 would have had the new eves troughs put on to flow the other
way he would not have been flooding us al these years plus he would not have flooded his own
basement.
Somehow not just making this a by law, using it to create more responsible and aware residents.
Permission to grant routing of problem eaves drainage into storm sewer line.
Don't really know.
I agree with insure new properties are properly graded as this insures no issues in the future. If an
existing property has an issue then it is the owners responsiblitly to deal with it. If a land owner
changes the existing grade to the point that it affects the neighbours then they should be held
accountable.
Slope in older neighbourhoods (before grade inspection) should be given special consideration and
drainage problems made worse by City construction such as sidewalks should also be given
special consideration.
The city should still provide guidance to the homeowner as to what corrective actions can help
address the issue. That way the homeowner can make an informed decision on whether they are
able to address it themselves or get outside help (potential for costly solutions will only lead to fixes
getting delayed).
Surface Drainage Survey Report and Summary
Page 21
ATTACHMENT 3
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City Sidewalks should be properly sloped by City to make runoff possible. If on downside of
crescent water pools and freezes due to proper grading.
City inspection of final grades and alterations
Make sure neighbours downspouts do not adversely affect other's properties.
Surface waters should not be diverted to subsurface devices, such as under ground French drains
or the like!
That what they do effects neighboring properties and have a responsibility to that as well. No good
to grade their property so that is drains well from theirs on to the neighbours!
Incorporate ALL the problems that currently exist. If you pretend they don't exist your not helping
the tax payer with the creation of a new 'empty' drainage bylaw.
Conflict resolution
Not to an adjacent property.
Yes, a rule that says water draining away from your property cannot be flowing into your
neighbours’ yards.
The ability for the city to recommend a corrective action and take action to make sure the fix is
implemented. (ie. If the property owner does not fix the issue as per the city's recommendation, the
city will have the work done and will bill back the cost through the property taxes if necessary.
How the bylaw will be enforced, hopefully not just reliance from the property owners (so not selfregulating).
There needs to be a protocol for the city drainage people to go on to a residents property and
examine issues.
1) Perhaps a requirement for permit before a home-owner can proceed with landscaping or
changes to drainage structure? This could incorporate some metrics regarding the area affected by
the change (IE: if the total area of the proposed landscape change exceeds 20 sq-feet and affects
drainage. A metric like this may make sense, because the amount of water that could be affected
by a small change would be minimal, but a large area could create a greater impact. In my case,
the area the neighbor adjusted was approximately a 60 sq-foot area. Also, it would be ideal if the
bylaw included language and terms that state the homeowner that caused the issue is responsible
for correcting damage caused by the change, up to and including insurance deductables, etc. If
there was some mechanism described to mediate corrective actions it would also be helpful.
Proper maintenance of retaining walls backing onto swales.
That the city has the power to immediately move any drainpipes or hoses causing the problem, all
at the home owners cost.
A fine
Yes, if a neighbour,s runoff water is causing a problem, then they should have to rectify the
situation so that it is not necessary to take legal action.
17. What other impacts or consequences may there be to residents that the City
should consider?
Response
Count
Answer Options
21
answered question
skipped question
21
48
Response (verbatim):
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Enhanced on-line resources. Summer student assessment program?
To much red tape to cut through to make modifications such as paving stones, other landscaping
etc, however an avenue to make uncompliant homeowners accountable would be desirable
Money to take care of the changes needed. In our case the two neighbours are well in the red.
The City should be made liable for deicing sidewalks resulting from excess drainage over the
Surface Drainage Survey Report and Summary
Page 22
ATTACHMENT 3
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sidewalks - since there is NO way to dissipate these excessive downspout water flows in such
SMALL areas.
That is a problem caused by faulty engineering & merely saying "Everybody else does it" is not a
reasonable excuse not to look for better solutions.
Again I really don't know.
See last comment.
Having a bylaw in place does create an expectation for the city to be able to respond. The number
of complaints seems pretty low, but the city should be prepared to handle a larger number of
complaints as this will be seen as a tool to get issues resolved.
damage to city infrastructure as a result, and the cost to mitigate damage to private property as a
result of negligent drainage practices.
Mainly to not have it worded that it is all 'about them'. There is a responsibility to maintain our own
property, but to also be aware how what you do effects the neighboring properties.
There are already impacts and consequences to the residents with waterlogged properties and
excessive moisture and water near foundations. Storm sewers are created for a reason, lets try to
use them. Your bylaw needs to have teeth or substance, the comment above in #15 is already the
task being completed by my neighbours and its an epic fail for both. If you can not educate the
public on what is correct drainage as detailed in the bylaw there is not point in creating a new
bylaw.
try to avoid drainage onto sidewalks and driveways to avoid ice in the winter
Inspect the work of the developers then hold the home owners responsible for their post purchase
development. Those responsible for the damage should pay.
If new construction or upgrades adversely affect neighbours, I feel the city should take the lead in
resolving the issue by enforcing compliance.
I do not think it is appropriate for my re-grading to require approval from the City Engineer. This will
require greatly increase costs, and time, associated with any landscaping that we would like to
carry out.
A good timeline for residents; surface drainage problems can be a very expensive fix. Information
on how property owners can fix certain problems, who to contact, ect. Information on what damage
can be done to neighbours homes by surface water damage, that way people just know think
neighbours have nothing better to do than just complain.
The area of Oakmont has several issues with drainage that need to be addressed. Several homes
have water entry each year that need to be addressed.
When I've tried to address this issue, I find that my neighbor is very touchy. One wrong word and
the whole neighborhood hears a story that I'm unreasonable, or that I've tried to ruin her flowerbeds
by flooding them with my sump hose... If action were coordinated and mediated by the city, it could
help address some of the adversarial behaviour.
Improper drainage from houses at higher elevations than their neighbors can cause flooding of the
yards at lower elevations. (this happens to my backyard every year due to my backdoor neighbor's
poorly maintained drainage in his retaining wall)
the household responsible for causing the damage by improper drainage to adjoining properties be
held responsible for the cost of all repairs due to the damage caused by their water
City fixes it if homeowner does not and add the charges to the property tax the following year to
collect
As the City grows there will be more and more issues concerning surface drainage.
Surface Drainage Survey Report and Summary
Page 23
ATTACHMENT 3
OPEN HOUSE FEEDBACK AND COMMENTS
The following represents the actual comments submitted by attendees of the Open
House:
1. Consider not only the distance of downspouts, but also the position, amount of
water, angle of downspouts. Make distance enough that when frozen, water still
drains to curb.
2. Full support of this bylaw. Much needed to manage stubborn residents.
3. Like the proposed bylaw.
Surface Drainage Survey Report and Summary
Page 24