FAQ’s – Ditch Alteration Policy and Procedure

1.    How does a resident currently apply for a Ditch Alteration?

• The City does not allow lot-by-lot ditch alterations for beautification or for maintenance reasons
• The City would also refer a request to the Local Improvement process or the Planning Agreement application to ensure all required studies, engineering considerations and City requirements are followed and met.
• A request to widen a driveway can be applied for under the Private Approach Bylaw however there is not process or ability for a requestor to legally fill their entire ditch on a roadway.

2.    Is there a Ditch alteration application? Where can a requestor find information regarding this subject online?

• There is no ditch alteration applications or permit, however, residence can request the Local Improvement documentation to support their request
• Residents can find information regarding ditches and drains on Ottawa.ca by conducting a key word search or under Living in Ottawa – Rural Ottawa – Roads, Ditches and Drains
• City staff can also provide Fact Sheets on the Local Improvement process and ditch alteration to requesting residents by emailing: LI-AL@ottawa.ca

3.    Why aren’t all Urban and Suburban Area’s serviced by stormwater sewers?

• When the areas were developed, ditches were designed to convey stormwater.
• Ditches are an acceptable and environmental means of conveying stormwater and are an essential part of the city’s natural infrastructure.
• Ditches provide essential stormwater volume management and quality improvement services which protect property owners from flooding, support the preservation of City infrastructure, such as roads, and protect sensitive receiving water bodies from pollution.
• Ditches also comparatively resilient to the anticipated changes in precipitation intensity.

4.    How do ditches and stormwater pipes work together?

• Both ditches and stormwater pipes transport surface water through the stormwater network to ponds or other outlets. Ditches serve the same purpose as underground pipes, but with some functional and visual differences.
• While ditches move surface water towards an outlet, the ground is able to absorb some of the water, recharging the groundwater beneath.
• The groundwater recharge also filters pollutants out of the water before it makes its way back into nearby lakes, rivers, etc.
• Ditches are less costly to maintain

5.    Is there a plan for City Wide upgrade to have everyone on stormwater sewers?

• No.
• Ditches are an acceptable means to convey stormwater and are a critical component of road design which help to preserve the road subbase. 
• Ditches have a reduced infrastructure maintenance cost. 
• Ditches are also comparatively resilient to the anticipated changes in precipitation intensity.

6.    Does the maintenance of a ditch and on-going costs fall to the City?

• Maintenance is shared between the City and property Owners
• The City owns the asset (ditch) and is responsible for removing large vegetation, fine silt or sand build up and clearing ice build up in the winter
• The Property Owners is responsible maintaining driveway culverts and ditch area in the right of way, by removing leaves and debris, mowing the grass
• Property Owners are not to alter the grade, yard slopes or cause an obstruction to the drainage

7.    How can a resident request ditch maintenance assistance?

1. Submit a service request through 311 or Ottawa.ca
2. The Supervisor/Maintenance Coordinator will attend the site to assess ditch condition
3. Staff will determine who is responsible for maintenance (City department or resident)
4. If the City is responsible – work will be added to ditching program list. The list is prioritized by risk factor
5. The City will contact the inquirer to inform if work will be completed by the City or if it is the resident’s responsibility
6. If it is the resident’s responsibility, the City will provide direction on what is required

8.    How do City staff deal with illegal ditch alterations?

• There is currently no ditch alteration specific process in place for addressing illegal ditch alterations.
• The City can utilize the Use and Care Bylaw to enforce a ditch alteration if needed
• Residents can report a ditch alteration to the City by calling 311 call and a service request is created for City staff to attend the site.
• A City inspector may also identify a situation when in the field and inspect
• If the inspection identifies an illegal alteration, staff will inform the homeowner of the problem and request they reinstate the ditch.  City staff will inspect after the work is completed.
• If the ditch is not reinstated to its proper specifications the City will issue a formal letter detailing next steps, potential costs that could be incurred if not reinstated and a specified date.
• If the ditch is not reinstated the City will perform the work at the expense of the homeowner under the Municipal Act. At any time in this process the City may issue a Part 1 or Part 2 POV fine (Provincial Offence ticket).

9.    Why has the City’s update to the Ditch Alteration Policy taken so long?

• The complexity, cost and cross-disciplinary nature of infrastructure inquiries necessitates careful study, and the engagement and coordination of City staff across a number of disciplines and departments. 
• Before the Ditch Alteration Policy could be updated the Local Improvement Policy required an update.  It was just approved by Council in November 2021.
• A consultant was hired to assist the city in a review of other municipalities and develop some best practices and guidance.  The consultant completed their study in March 2022.
• A public information session is planned for March 22, 2022 to obtain any additional feedback from Councillors, residents and industry.

10. If ditches are so environmentally friendly, financially manageable, etc., why doesn’t the City implement ditches on all new developments instead of storm sewers?

• Storm sewers are used on new developments as they take up less space and the contained water is out of sight.
• Storm sewers are also paid for and installed by developers which does not cause a cost impact to all City residents, only benefiting property owner(s).

11. What studies are required in a Local Improvement – Ditch Alteration?

• A Stormwater Management Report from a Professional Engineer licensed in the Province of Ontario is required. The City reserves the right to require additional studies depending on the circumstance.

12. What studies are required in a Planning Agreement application?

• An Owner would submit and application for Site Plan Control
• The Owner would need to retain a professional engineer to undertake a roadway extension design, and obtain proper insurance ($5 million)
• Designs must include and meet all minimum City standards, obtain proper reviews from utilities and ensure a professional engineer has approved
• Once this has been accepted by the City the Owner would enter into a development Agreement with the City of Ottawa.
• Securities would be collected for construction to cover 100% of the work.  Costs would also include legal and administrative cost of registration (estimated at 4% of the construction work) and a portion would be held back until a warranty period has past
• Owner would require site inspections completed by the City and submit as-built drawings
• Owner would also be required to submit and obtain approval from the Ministry of Environment, conservation and parks for the roadside ditch

13. How will illegal ditch alterations be enforced?

• The City will not be actively policing unauthorized ditch alterations. Ditches will be inspected on scheduled maintenance programs, or during other public work projects.
• Ditch enforcement will take a stepped approach; specifically:
  • Conversation with the property owner (aim to have the ditch reinstated)
  • Verbal warning to property owner to reinstate the ditch
  • If the above methods fail, City inspectors may issue a Notice of Violation with a deadline for reinstatement of the altered ditch.
  • If not reinstated by the deadline, the work will be completed by the City and added to the property owner’s tax bill.

14. If I alter my ditch, will I be responsible to maintain the works afterwards?

• If a property owner proceeds with the Local Improvement Ditch Alteration works, maintenance of the new underground stormwater infrastructure will be assumed by the City of Ottawa.
• The property owner is responsible for maintaining clear and open catchbasins/roadside grates, and unobstructed water flows to these.

15. My neighbors want to alter the ditch, but I don’t want to. What can I do so I don’t pay for something I don’t want?

• The Committee of Revision hears objections before the City imposes a local improvement charge (or special assessment) on a property owner.
• Local improvements constructed by the City of Ottawa may be charged to properties that are adjacent to the constructed work and to nearby properties that will immediately benefit from the work. The local improvement is added to the property tax bill of the benefiting property owners.
• The Committee is responsible for:
• Hearing objections against proposed charges and special assessments for local improvements
• Reviewing the proposed charges and special assessments and making corrections in certain circumstances
• Other matters as described in Ontario Regulation 586/06 under the Municipal Act, 2001.
• If the Local Improvement Petition receives at least two-thirds support from benefitting property owners, and the LI advances and is approved by Council, then all property owners (including those that did not sign LI Petition) will be required to cost share for the infrastructure as a property owner deriving benefit from the infrastructure.

16. Will my taxes be affected after the ditch alteration is paid and completed?

• Should the valuation of the home change following the completion of the works, it is likely that property taxes will also change accordingly.

17. Once a ditch alteration is approved by the residents, how long will it take to complete the work? Why so long?

• Local Improvement Ditch Alterations are prioritized on a level of service basis.
• Locations experiencing greater levels of flooding, degradation of ditches, or alike, will receive higher priority status.
• From the point of initial inquiry to construction, a Local Improvement project can span 3 to 4 years; dependant on several factors that are site specific.

18. I have a ditch/swale/rear yard catch basin that came with my house. Does this policy apply to altering these?

• No. Replacing a rear yard catch basin with a pipe poses different challenges altogether, in addition to them not being on public lands.

19. I want to widen my driveway, which crosses over the ditch currently. Do I need to apply for a ditch alteration program to do this?

• No. A Private Approach Permit is required to widen an existing driveway.
• The property owner will not be able to fill the entire ditch.

20. How often does the City schedule maintenance of my ditch? Or does the City wait until there is a problem?

• The City inspects ditches based on sensitivity to flooding. Some may be inspected yearly, others every 5 years.
• Some areas are inspected each year during the spring melt to ensure ice and debris are removed.
• If during the inspection a problem is identified, it is assessed, prioritized based on level of service, and included on our list of maintenance project.
• If the City receives a call regarding a ditch problem, the City will inspect the site, and recommend next steps based on work required.

FAQ’s – Local Improvements Policy and Procedures

1.    What are the specific types of Local Improvements that can be applied for?

• The majority of inquiries to City of Ottawa staff for Local Improvements are for the following works:
  • Sanitary sewers
  • Storm sewers / ditch filling
  • Watermains
  • Noise barriers
  • Roads

2.    Who administers the Local Improvement Policy on behalf of the City of Ottawa?

• The majority of requests for Local Improvements are community initiated.   Local Improvement requests are directed to the City’s Asset Management Branch (AMB) and they provide the requestor an information package to understand how to move forward with their request.
• Once a requestor is ready to move forward, the appropriate City Department will take the lead to keep the request moving forward and support the requestor.
• Legislation (O. Reg. 586/06) provides 3 options for initiating a Local Improvement Process:
  • Community initiated
  • City initiated (non-health related)
  • City initiated (health related); MOH – directed
• Anyone could be the Lead Petitioner for a Local Improvement, for example the ward Councillor, however only the benefiting property can sign the petitions

3.    How does a resident apply for a Local Improvement?

• There is no application for a Local Improvement.  The Local Improvement process typically starts when a property owner or group of property owners make an inquiry to the City about new City infrastructure. This might be through an email to LI-AL@ottawa.ca, a call to 311 or through their Councillor’s office. For example, they may want to change from private servicing (eg. Septic or well) to municipal servicing. The inquirer is provided with the required information to move forward.
• A resident would not be able to start a Local Improvement for just one property. A Local Improvement must include at least 3 properties to be considered.

4.    Where is the Local Improvement application material located online?

• There is no Local Improvement application.  Once the Local Improvement Policy is approved, web content and KBAs (knowledge-based articles) will be developed to ensure residents are provided with the appropriate information.

5.    If a Local Improvement survey fails, can the residents apply again?

• A survey of interest can be done any number of times provided property ownership has changed enough to potentially produce a different result. Once a LI request gets to the Petition stage and fails to receive the necessary support (two-thirds), it cannot be repeated for 2 years. (as per Legislation O. Reg. 586/06, 7(1))

6.    What happens if a resident does not agree to the LI with all their neighbours? Are they still required to pay a share?

• If the Local Improvement Petition receives at least two-thirds support from benefitting property owners, and the LI advances and is approved by Council, then all property owners (including those that did not sign LI Petition) will be required to cost share for the infrastructure as a property owner deriving benefit from the infrastructure.

7.    How long does the Local Improvement process typically take?

• A successful Local Improvement process takes 3 to 4 years from initial inquiry to the time that construction may start, provided all the requirements are met.  This is typical because of the requirements for consultation with effected property owners and Council, City budget process and the time required to design and construct the infrastructure asset.

8.    Does Council approve all Local Improvement Requests?

• Council is not informed of Local Improvement inquiries that do not meet minimum requirements early in the process. 
• Inquiries that have a successful survey of interest and are evaluated as feasible by a technical study will proceed to a Local Improvement Petition.  It is at this stage that the effected Ward Councillors would be notified by City staff for awareness.
• A successful Local Improvement process resulting in a report to Committee/Council would typically require a Local Improvement Petition that has been certified as sufficient (two-thirds or greater) by the City Clerk. 
• If the Local Improvement is initiated by Council, then a report might be created on that basis. 
• It is Council’s decision to approve a Local Improvement, or not. 

9.    What does a typical Local Improvement cost? 

• All costs are dependent on the magnitude of the request. Recently, a community requesting a survey-of-interest were provided with an average cost per property in the range of $50,000 to $75,000, and this could end up being significantly more due to increasing design and construction costs to install.  Given the high costs, many residents choose not to pursue a Local Improvement.

10. How are the costs of the Local Improvement determined?

• Costs for a Local Improvement are estimated using information on historic costs maintained by the City for its capital projects, and the estimated costs are apportioned to benefiting properties in the specific Local Improvement area.
• The cost estimation process is consistent with the process followed by Asset Management Branch when estimating costs for other City infrastructure projects.

11. How are costs collected for a Local Improvement from residents?

• Local Improvement costs are recovered through municipal taxes for a specified period, or the property owner can elect to make a lump sum payment.  Carrying costs are included in the cost to the property owner.

12. How long is the cost recovery collection period for a Local Improvement?

• Historically, if the property owner does not decide to make a lump sum payment, most Local Improvements have had a cost recovery period of at least 10 years
• The cost recovery period is dependent on information provided to Revenue that was included in the Special Assessment.
  • Revenue Services will be furnished with the special assessment roll and final by-law the includes the listing of all affected rolls (properties), amounts due, payment terms, interest rate and payment options. 
  • Revenue Services prepares information and ‘Notice of Special Assessment’ with a list of payment options.
  • The ‘Notice of Special Assessment’ with payment options and payment terms is sent to the Benefitting Property Owners
  • Benefiting Property Owners select a chosen payment option and return the ‘Notice of Special Assessment’ to the Revenue Services contact as identified on the Notice.
• Specific to Early Payouts – Owners with local improvement charges on their properties have the option to pay out the remaining balance of their loan at any time

13. Are the costs for a Local Improvement applied to property taxes?

• Revenue Services will administer annual billing through the property tax bill for property owners that have selected a payment plan. They also manage the individual accounts, facilitate early payouts, and provide tax certificates with outstanding local improvement value.

14. Can residents defer their Local Improvement payments or make a payment schedule?

• Residents may select a straight payout vs payment plan with revenue services.

15. How are City costs accounted for and recovered?

• The General Manager of Infrastructure and Water Services and the Director of Infrastructure Services, individually, are authorized to submit a Local Improvement to the Committee of Revision once seventy-five percent (75%) of the costs of such Local Improvement have been incurred. 
• The LI Project Staff Lead obtains all cost relevant capital cost details from Financial Services Branch (FSU) & Design & Construction PM. Relevant costs include secondary costs such as, but not limited to, design, project management, and land acquisition.  

16. What if a benefiting property owner does not want to pay for the Local Improvement?

• The Committee of Revision hears objections before the City imposes a local improvement charge (or special assessment) on a property owner.
• Local improvements constructed by the City of Ottawa may be charged to properties that are adjacent to the constructed work and to nearby properties that will immediately benefit from the work. The local improvement is added to the property tax bill of the benefiting property owners.
• The Committee is responsible for:
• Hearing objections against proposed charges and special assessments for local improvements
• Reviewing the proposed charges and special assessments and making corrections in certain circumstances
• Other matters as described in Ontario Regulation 586/06 under the Municipal Act, 2001.

FAQ’s – Questions from Councillor meetings

1.    If a ditch is altered and is not causing any issues, would it still be enforced and re-instated?

• Yes, it would be enforced.
• The alteration may lead to up stream issues with an alteration and thus, needs to be reinstated if discovered.

2.    Can a Councillor be the Lead Petitioner for Local Improvement petitions?

• Yes, a Councillor or non-benefiting property owner can be the lead Petitioner for leading a Local Improvement

The Benefiting property owners are required to sign off on the surveys and non-benefiting property owners would not be counted in the required percent that needs to be