STAFF REPORT
March 9, 2000
To: Works Committee
From: Barry H. Gutteridge, Commissioner, Works and Emergency Services
Subject:Assumption of Private Storm Sewer - Nos. 244-254 Berkeley Street
(Ward 25 - Don River).
Purpose: To request authority to assume ownership of a 300mm Storm sewer required to service the proposed development
of Nos. 244-254 Berkley Street.
Financial Implications and Impact Statement:
There are no financial implications associated with this report.
Recommendations:
It is recommended that:
(1)approval be given to assume ownership of a 300 mm Storm Sewer required to service the development at Nos. 244-254
Berkeley Street, subject to the owner of these properties granting the necessary easement to the City, as indicated on Sketch
No. EAS-494 attached, in accordance with the terms and conditions outlined in this report and any others the City Solicitor
or Commissioner of Works and Emergency Services may determine necessary; and
(2)the appropriate City Officials be authorized to take whatever action is necessary to implement the foregoing, including
the introduction in Council of any Bills that may be required.
Background:
The Commissioner of Urban Planning and Development Services has approved an application filed by Presview
Development Inc. to construct a 19-unit townhouse development at Nos. 244-254 Berkeley Street. Presview Development
started the servicing plans for the housing development in the fall of 1998 and wrote a letter to the City on December 11,
1998 requesting that the City assume the storm sewer.
The former City of Toronto generally accepted such requests from developers because the private ownership of sewers and
water mains often results in inadequate maintenance and eventual servicing problems. The developer was advised that the
City is currently reviewing the policies of the former area municipalities with respect to servicing infill developments in
order to develop a harmonized approach across the new city. He proceeded on the basis that the old policies would apply.
Comments:
Each of the townhouse units has individual water and drain service connections to either Berkeley Street or Milan Street.
However, in order to provide proper storm drainage to the driveway between the two sets of townhouses, it is necessary to
construct a 300 mm storm sewer on private property and on Coatworth Street with connections to the existing storm sewer
on Berkeley Street as shown on Sketch No. EAS-494 attached.
The sewer for the subject development has been designed by the Developer's registered professional engineer in
accordance with Works and Emergency Services Department standards and specifications, and has received the approval of
MOE for the work.
It should be noted that there is no storm sewer on Coatworth Street for the storm sewer connection from the development.
Presview Development has agreed to construct a new storm sewer on Coatworth Street at their cost, and has requested that
the City of Toronto assume the proposed storm sewer within the subject properties.
The construction of the storm sewer on Coatworth Street will benefit the City in providing sewer separation on the street
and since the private ownership of a common sewer results in inadequate maintenance and eventual servicing problems,
the developer's request should be accepted, subject to the following conditions:
(1)Prior to assumption of the services by the City, the Owner shall:
(i)Provide, at their own cost, all necessary legal surveys and descriptions for the easement;
(ii)Provide certification by the Professional Engineer that the work has been executed in accordance with the approved
plans and specifications;
(iii)Provide a Letter of Credit in the amount of 25% of the cost of the services to be held as a maintenance guarantee for a
period of 2 years;
(iv) For a nominal fee, enter into an Easement Agreement with the City for the maintenance, repair and reconstruction of
the services, generally, as indicated on Sketch No. EAS-494 attached, containing the following terms and conditions and
any others that the City Solicitor or Works staff may determine to be necessary;
(a)No buildings, structures or work of any kind shall be erected or placed in, under, over, or upon the Easement Lands
without the prior written approval of the Commissioner of Works and Emergency Services;
(b)The Owner shall protect the services against damage during any construction or alteration of any buildings or structure
on the property, and agrees to provide detailed plans for protection of the services for the review and approval of the
Commissioner of Works and Emergency Services prior to commencing any such work;
(c)The City shall have a right of access over the Easement Lands at any time to survey, lay, construct, operate, use, inspect,
remove, renew, replace, alter, enlarge, reconstruct, repair, expand, and maintain the services;
(d)The City shall, after each entry, restore the Easement Lands as near as possible to their previous condition;
(e)Neither the Owner nor anyone acting for or on behalf of the Owner, shall permit any other utility to be located in, under,
over, or upon the Easement Lands, without the prior written approval of the Commissioner of Works and Emergency
Services;
(f)Any separate drains and private water service connections located or installed in the future in, under, and/or upon the
Easement Lands, shall remain the responsibility of the Owner;
(g)The Owner shall indemnify the City against any action which may be brought against the City with respect to building
structures and appurtenances adjacent to the Easement Lands, resulting from or arising out of the City's exercise of the
rights transferred to it or arising out of the acquisition of the services and/or the easement, provided such action does not
arise out of negligence on the part of the City; and
(2)Within six months of completing the servicing work, the Owner shall provide as-built drawings of the services in a
reproducible format, and video inspection of the sewer lines.
If the above is not provided, the City will, at its discretion, prepare the documents and draw the associated costs from the
Letter of Credit.
Presview Development Inc. has agreed in writing to these terms and conditions.
Water and Wastewater and Technical Services staff are currently assessing criteria by which the City will, or will not
assume ownership of storm sewers on privately owned lands. A policy will be presented to the Works Committee for
approval during the summer of 2000.
Conclusion:
Approval should be given from the City to assume ownership of the Storm Sewer servicing
Nos. 244-254 Berkeley Street at nominal cost.
Contact:
David Crichton
Manager, Design and Construction
District 1, Area 1
Tel:(416) 392-7674
Fax:(416) 392-7874
Emaildcrichto@toronto.ca
Tom G. Denes, P.Eng.
Executive Director
Technical Services
Barry H. Gutteridge
Commissioner
Works and Emergency Services
List of Attachments:
Sketch EAS-494
