By: Sylene Argent, Local Journalism Initiative Reporter, Essex Free Press
At the October 20 regular Essex Council meeting, Councillor Jason Matyi brought forward a Notice of Motion, hoping Council would direct Administration to prepare a report describing how new development projects are assessed for drainage impacts.
In a tied vote during the November 3 meeting when the matter was presented for discussion, the motion did not move forward.
He wanted to look at how existing surface and subsurface drainage outlets are preserved, rerouted, or replaced to a proper legal outlet; engineering submissions demonstrate that drainage from neighbouring properties will continue to flow safely and without obstruction; and appropriate easements or drainage blocks are secured as part of subdivision or site plan approvals.
He also wanted the report to include, if necessary, recommendations on policy or process updates to make these protections a consistent requirement for all new developments town-wide.
Information he shared as part of his resolution included that at times, new residential and subdivision growth is occurring across the Town of Essex on land that has historically provided drainage outlets for neighbouring farms, older subdivisions, and existing residential properties.
Matyi said he is trying to protect the existing landowners. He believes he has heard from residents in every ward of yard or basement flooding because of a new subdivision that went in and cut off traditional access to where people were draining their properties.
He noted the motion “is not meant to stop growth. It’s just to ensure responsible growth.
“I think it will promote some fairness and clarity. Farmers, rural residents, longtime property owners deserve the assurance that new developments won’t block their traditional drainage outlets,” he said.
Director of Infrastructure Services, Kevin Girard, noted that in terms of any subdivision growth every situation is unique. The Town does have policies that are endorsed regionally in partnership with other municipalities and ERCA to create responsible and equitable growth across the region. Those guidelines are applied to every development.
Every time there is a new development, in rural or urban areas, the Town sends a letter to adjacent properties to let them know the drainage in their backyard might be changing “because you’ve been technically…unlawfully draining water onto somebody else’s property. And it’s typically a farmer’s field or an agricultural field, where that farmer doesn’t really make too much of a stink,” Girard said.
That letter provides information, that warning, and also support and guidance, such as someone from the Building or Infrastructure teams or drainage department going out and look at their individual situation.
With a new development, there is a requirement for the property owners to manage their water.
Deputy Mayor Rob Shepley said it sounds like the Town is already doing a lot of what Matyi is asking.
He asked what the cost, length of time, and return for the motion if passed.
Girard said they can put together a report, but will have to work interdepartmentally to do so. That will take additional time to do.
He noted there have been a lot of reports and notices of motions brought to them to go through in the past few months. He suspects this could be completed next summer.
Councillor Rodney Hammond could not support this motion, knowing there have been an unusually large number of motions being presented presently. He would like to see more detail into each development regarding drainage.
Councillor Kim Verbeek saw Matyi’s report as important and wanted to see it eventually.
Mayor Sherry Bondy supported the report, as access to data is important. Members of the public may not understand new development doesn’t necessarily have negative drainage impacts.
“I think a report like this would say ‘we can build more homes, and this is how it is not going to negatively impact you,” Bondy said.
In a recorded vote, the motion was defeated in a four-four tie, with Matyi, Verbeek, Bondy, and Councillor Brad Allard in favour, and Shepley, Hammond, Councillor Katie McGuire-Blais, and Councillor Joe Garon opposed.