4. LOCAL IMPROVEMENT POLICY

POLITIQUE DE LA VILLE EN MATIÈRE D'AMÉNAGEMENTS LOCAUX

COMMITTEE RECOMMENDATION

That Council approve the Local Improvement Policy, as presented in Attachment 1.

RECOMMENDATION DU COMITÉ

Que le Conseil municipal approuve la politique de la Ville en matière d’aménagements locaux qui figure à l’annexe 1.

FOR THE INFORMATION OF COUNCIL

The Committee approved the following Motion in conjunction with the staff recommendation:

That the following motion be referred to staff for a report back to Committee on the generic process for local improvements:

That the Local Improvement Policy be amended to set the level of local support of benefiting properties to approve a Special Service Charge, at 67% of the benefiting properties.

POUR LA GOUVERNE DU CONSEIL

Le Comité a approuvé la motion suivante compte tenu de la recommendation du personnel :

Que la motion suivante soit présentée au personnel afin que ce dernier fasse rapport au Comité quant au traitement générique concernant les aménagements locaux :

Que la politique de la Ville en matière d’aménagements locaux soit modifiée afin d’établir le niveau de soutien local des propriétés bénéficiaires en vue d’approuver la redevance pour service spécial à 67 % des propriétés bénéficiaires.

DOCUMENTATION

1. Public Works and Services, A/Deputy City Manager’s report dated 18 April 2006
(ACS2006-PWS-INF-0001).

2. Extract of Draft Minute, 02 May 2006.

Report to/Rapport au:

Corporate Services and Economic Development Committee

Comité des services organisationnels et du développement économique

18 April 2006 / le 18 avril 2006

Submitted by/Soumis par: R. G. Hewitt,

Acting Deputy City Manager/directeur municipal adjoint par intérim,

Public Works and Services/Services et Travaux Publics

Contact Person/Personne-ressource : W.R. Newell, P.Eng.,

Acting Director, Infrastructure Services/directeur par intérim, Services d'infrastructure,

613 580-2424, extension/poste 16002, wayne.newell@ottawa.ca

City Wide			Ref N°: ACS2006- PWS-INF-0001
	SUBJECT:	Local Improvement Policy
	OBJET:	POLITIQUE DE LA VILLE EN MATIÈRE D'AMÉNAGEMENTS LOCAUX

REPORT RECOMMENDATION

That the Corporate Services and Economic Development Committee recommend Council approve the Local Improvement Policy, as presented in Attachment 1.

RECOMMANDATION DU RAPPORT

Que le Comité des services organisationnels et du développement économique recommande au Conseil municipal d'approuver la politique de la Ville en matière d’aménagements locaux qui figure à l’annexe 1.

EXECUTIVE SUMMARY

Assumptions and Analysis

The Department of Public Works and Services is responsible for the implementation of capital infrastructure projects within the City. The Department handles a significant number of requests from the public for upgrades in level of service, infrastructure enhancements, and piped network expansions within Public Service Areas as defined in the City’s Official Plan and Master Plan documents. The majority of these infrastructure requests are related to the provision of municipal water and sewer servicing, noise attenuation barriers, roadway urbanization, streetlights and sidewalks.

In 2003, Ontario Regulation 119/03 was enacted under the Municipal Act, 2001. This new regulation sets the procedural requirements for undertaking the majority of the types of infrastructure upgrades, enhancements or network expansions that a municipality is commonly requested to perform as “local improvements”. Section 326 of the Municipal Act, 2001 also allows municipalities to undertake a type of capital infrastructure project referred to as a “special service”. This type of direct charge-back capital project is for more exceptional circumstances that do not fit within the context formed by the Ontario Regulation 119/03 provisions.

The Department has developed a Local Improvement Policy that will allow staff to undertake local improvements in such a way as to recover the related capital costs directly from benefiting property owners in a clear, concise and consistent manner. The policy adheres to and builds upon the procedural requirements of Ontario Regulation 119/03 with a focus on documenting the specifics of how the City will administer local improvement projects.

The Department intends to:

· apply the “local improvement” provisions to typical physical infrastructure, such as watermains, sewers, sound barriers, etc;

· apply “special services” provisions to services that are unique, area specific, outside the context of the Local Improvement regulations, or better suited to an area charge application.

Consultation/Public Notification

Early in the development of the policy framework, the Department completed a peer municipality survey. Ten municipalities were provided a questionnaire with respect to practices and policies related to local improvement type undertakings. Municipalities contacted included Vancouver, Halton, St. Catharines, Chatam-Kent, Windsor, Barrie, Region of Peel, London, Cambridge and Waterloo. Follow-up questionnaires were also provided to those municipalities that responded.

Of the municipalities contacted, eight responded and their practices tend to be consistent with those proposed in the Department’s policy document, however they generally are less comprehensive.

FINANCIAL IMPLICATIONS

Cost apportionment for work undertaken under the provisions of the Local Improvement Policy will be shared between all property owners benefiting from the work. Rates used in assessing the apportioned costs to property owners will be based on the actual costs necessary to complete the work or provide the special service, including those for engineering investigations, design, legal services, land acquisition, construction, etc.

The proposed charges require approval by Committee and Council to establish the by-law authorizing their imposition. Under the provisions of Local Improvement regulations for physical infrastructure assets, the City is also responsible for certain costs. The City’s share of the cost for the work typically includes:

· the share of the cost for City-owned land, where the City is a property owner in the benefiting area;

· costs to be borne exclusively by the City; for example, the collector portion of a sewer;

· costs associated with reductions and allowances granted to property owners under certain circumstances and costs associated with non-assessable lands (typically cost adjustments are calculated for corner lots, irregular lots and inaccessible lots as defined by formulae included in the appendices).

RÉSUMÉ

Hypothèses et analyse

Services et Travaux publics est chargé de mettre en œuvre les projets d’immobilisations de la Ville. Il traite de nombreuses demandes de la population visant à rehausser le niveau de services offerts, à améliorer l’infrastructure et à étendre le réseau de canalisations dans les aires de services publics définis dans le Plan officiel et le Plan directeur de l’infrastructure de la Ville. La plupart des demandes d’infrastructure portent sur la prestation de services d’aqueduc et d’égouts, l’aménagement d’installations anti-bruit, de lampadaires et de trottoirs de même que sur l’amélioration des voies de circulation.

Les coûts d’immobilisations associés à la construction de réseaux d’égouts et d’aqueduc, de routes, de trottoirs ainsi qu’à l’ajout de services publics sont généralement assumés par le promoteur immobilier responsable de l’aménagement initial des lotissements en cause. Une fois ces services mis en place, le promoteur recouvre les coûts qu’il a assumés grâce au produit de la vente des maisons construites sur ses terrains. Les frais liés à la prestation de nouveaux services, comme les réseaux d’égouts séparatifs et pluviaux, dans les secteurs où ceux-ci n’ont pas été prévus lors de l’aménagement initial des lotissements devraient être répartis entre toutes les parties qui bénéficieront des améliorations.

Le Règlement de l’Ontario 119/03, adopté en 2003 en vertu de la Loi de 2001 sur les municipalités, énonce la procédure à laquelle la municipalité doit se conformer pour réaliser des aménagements locaux, c’est-à-dire la plupart des travaux de modification de l’infrastructure, d’amélioration ou de prolongement de réseaux. L’article 326 de la Loi de 2001 sur les municipalités permet également aux municipalités d’entreprendre un projet d’immobilisations qui entre dans la catégorie « service spécial ». Ces projets d’immobilisations, assortis d’une méthode d’imputation directe des coûts, visent à répondre à des demandes exceptionnelles qui ne sont pas régies explicitement par le Règlement de l’Ontario 119/03.

Le Service a élaboré une politique d’amélioration locale qui permettra au personnel de mettre en œuvre des améliorations locales de manière à récupérer les coûts d’immobilisations initiaux directement des propriétaires bénéficiaires, et ce, de façon claire, précise et consistante. La politique suit les modalités prévues par le Règlement 119/03 de l’Ontario et s’appuie sur ces dernières en privilégiant la documentation des points de détail concernant la manière dont la Ville administrera les projets d’amélioration.

Services et Travaux publics se propose :

· d’appliquer aux infrastructures durables types de la Ville les dispositions relatives aux aménagements locaux;

· d’appliquer les dispositions sur les services spéciaux aux demandes uniques de même qu’à celles qui se rattachent à un secteur précis, ne sont assujetties à aucun règlement sur les aménagements locaux ou consistent essentiellement à apporter des changements dans un secteur donné.

Consultation/avis publics

Au début du processus d’élaboration du cadre de référence, Services et Travaux publics a mené un sondage auprès d’une dizaine de municipalités canadiennes, lequel consistait en un questionnaire sur les pratiques et les politiques régissant les projets types d’aménagements locaux. Les municipalités consultées étaient les suivantes : Vancouver, Halton, St. Catharines, Chatam-Kent, Windsor, Barrie, région de Peel, London, Cambridge et Waterloo. Des questionnaires de suivi ont été envoyés aux villes qui ont répondu au sondage.

Huit des dix municipalités ont participé à l’enquête, et les renseignements obtenus indiquent que leurs pratiques semblent correspondre à celles décrites dans la politique de Services et Travaux publics, bien qu’elles soient généralement moins exhaustives.

RÉPERCUSSIONS FINANCIÈRES

Les coûts associés aux travaux réalisés conformément aux dispositions de la politique de la Ville en matière d’aménagements locaux seront répartis entre les propriétaires fonciers qui bénéficieront de ceux-ci. La méthode utilisée pour effectuer la répartition consistera à évaluer les coûts réels de tous les travaux liés à la réalisation du projet ou à la prestation du service demandé, y compris les frais associés aux études techniques, à la conception, aux services juridiques, à l’acquisition de terrains, aux travaux de construction, etc.

Les redevances proposées devront être approuvées par le Comité et le Conseil afin que puisse être adopté le règlement municipal autorisant leur imposition. En vertu des dispositions des règlements sur les aménagements locaux visant les infrastructures durables, la Ville devra également assumer une partie des coûts, lesquels comprennent généralement :

· une portion des coûts associés aux terrains lui appartenant dans le secteur qui bénéficie des améliorations;

· les frais qu’elle est tenue d’assumer entièrement (p. ex., les coûts liés aux égouts collecteurs);

· la valeur des réductions et des indemnités accordées aux propriétaires fonciers dans des circonstances particulières et les coûts associés aux terrains non évaluables (des rajustements de coûts sont habituellement calculés pour les parcelles d’angle et les lots inaccessibles et de forme irrégulière – voir les formules qui figurent aux annexes).

BACKGROUND

The former municipalities had different policies and procedures to undertake capital projects where the costs could be charged directly against the benefiting property owners. Some of the former municipalities implemented these projects under the Local Improvement Act (RSO 1990) or Section 221 the Municipal Act (RSO 1990), which have since been repealed with the adoption of the new Municipal Act in 2001. Since then, a consistent method has not been available to process requests for infrastructure upgrades, enhancements and network expansions from owners in existing developed areas in the City.

While new provincial legislation was being developed between 2001 and 2003, the Department reviewed the practices of the former municipalities as well as developed new implementation requirements for direct charge-back of capital project costs by undertaking the following initiatives:

§ worked through several projects under “home rules” and “prior legislation provisions”;

§ completed a peer municipality survey;

§ quantified areas of local improvement potential for water and wastewater upgrades, enhancements and network expansions and their cost implications.

The City’s Long Range Financial Plan, Infrastructure Master Plan and Universal Program Review initiatives have increased the impetus for identifying and maximizing cost recovery opportunities. The Department and other City stakeholders have recognized the potential for utilizing “local improvement” and “special service” legislation for implementation of level of service and infrastructure enhancements on a cost recovery basis.

It is anticipated that Ontario Regulation 119/03 will apply to the majority of the requests for capital infrastructure projects where direct cost recovery is necessary. The Department has therefore developed a Local Improvement Policy that will allow staff to undertake local improvements in such a way as to recover the related capital costs directly from benefiting property owners in a clear, concise and consistent manner. The policy adheres to and builds upon the procedural requirements of Ontario Regulation 119/03 with a focus on documenting the specifics of how the City will administer local improvement projects (reference Attachment 1).

The document has been created with two basic complementary components. The policy framework (Attachment 1) sets out the principles and processes whereas supportive documents called technical appendices (samples in Attachment 2) set out application specific details related to items such as the City’s share, reductions, corner lots, allowances, eligibility requirements etc. that inherently vary depending on what is being constructed. This format allows for capturing the differences between the types of local improvement projects (sewer, water, noise barriers…), development of technical appendices on an as required basis and provides a document up front that ensures consistency with the overarching policy and principles. Piped water, sewer and roadway works are the most common requests for local improvements and have immediate implementation pressures and are consequently the current focus of the technical appendices documents.

As stated, the policy statement framework has been established in a generic fashion to allow updates, amendments and additions for the local improvement process as it relates to other specific components. For example, whereas the implementation of noise attenuation barriers currently relies on the existing Noise Control Policy and Guidelines of the former Region, as soon as the revised guideline that is currently in consultation process is adopted, a technical appendix based on this new guideline will be added to the policy’s supporting documents without changing the policy framework itself. Similarly, as the specifics for other yet-to-be determined applications (like streetscape, streetlights etc.) are developed, they can also be added without change to the policy framework.

DISCUSSION

Rationale

Historically, existing communities lacking municipal watermains, sewers, sidewalks or other infrastructure typically associated with the urban environment have driven the majority of local improvement projects. Most of these communities were initially developed outside the urban service areas, but as a result of surrounding growth, have since become part of the Public Service Areas established by the Official Plan. The urban development around these communities would often spur requests for service level upgrades, infrastructure enhancements and network expansions that are not associated with the rehabilitation or maintenance of existing infrastructure.

Capital costs associated with the initial construction of sewers, watermains, roads, sidewalks and other utilities are generally borne by the initial land developer. When these services are constructed, the developer recovers the costs as part of the purchase price of the homes. Rehabilitation or need driven improvements of existing sewer, water, road and other infrastructure are undertaken through the various capital works rehabilitation programs funded from City reserves, rate monies or tax levies. Requests for new services such as a sanitary or storm sewer from areas where the initial development did not include a specific service would create significant pressures against funding sources typically available to the City for rehabilitation and replacement of existing infrastructure. From an equity perspective, the costs of upgrades, enhancements and network expansions should be borne by all of the parties who benefit from the improvement. Unless paid for by those directly benefiting, these costs would represent additional rate or tax levy pressures on taxpayers as a whole for services many have already paid for or for which they do not derive direct benefit.

The Ontario Regulation 119/03 under the Municipal Act enables the City to undertake upgrades, enhancements and expansions of infrastructure or other types of physical assets as “local improvements”. Application of the regulations is the basis of the Local Improvement Policy for infrastructure and physical assets and adheres to the pay-as-you-go and user pay principles endorsed by the City.

Not only does provincial legislation allow municipalities to entertain requests initiated by local communities but it also allows for initiatives identified by the municipalities themselves. The City is therefore in a position to undertake projects where savings can be achieved through economies of scale and where coordination opportunities exist.

Legislative Authority

The Municipal Act, 2001, defines provisions for a municipality to assess charges through varying methods for specific scenarios. The Act permits a municipality to:

finance physical infrastructure “local improvements” over the useful life of those assets or improvements by charging back the cost of the improvements to the properties which benefit from the improvement;

identify a "special service" that is not being provided or undertaken generally throughout the municipality, or being provided differently in different parts of the municipality for which the municipality can levy a charge on the property in a defined service area.

Local Improvements

Ontario Regulation 119/03 (Local Improvement Charges - Priority Lien Status) under the Muncipal Act, 2001 details project eligiblity, procedures and debt rules for capital projects undertaken as “local improvements”. The regulation clearly identifies the types of infrastructure and physical asset works eligible for consideration as local improvements and its required process for undertaking a project is very prescriptive.

Generally, the regulation allows for constructing physical infrastructure, such as a roadway, paving or widening pavement, constructing a curb, gutter, sidewalk, planting trees, shrubs and plants on a roadway, constructing noise abatement works, constructing any works for the collection, production, treatment, storage, supply or distribution of water, constructing any works for the collection, transmission, treatment or disposal of sewage, constructing a retaining wall, dyke, breakwater or other shore protection work.

The regulation allows municipalities to finance infrastructure or physical asset improvements over their useful life by charging back the cost of the improvements to the properties that benefit. The primary charge-back method is the assessment of charges on the property tax bill, based on the amount of the property frontage.

Special Services

Section 326 of the Municipal Act, 2001 also allows municipalities to identify a "special service" for which the municipality can levy a charge on the property in a defined service area. Under the provisions of this section, municipalities may identify as a "special service" a service or activity of the municipality that is not being provided or undertaken generally throughout the municipality, or is being provided or undertaken differently in different parts of the municipality.

Although other situations may arise where a special service charge can be considered, examples of such “special service” charges include flood controls, waste management systems, fire protection systems, parking systems etc.

A municipality must designate the boundaries of the community that is to be a special service area. For each year a special service by-law remains in force, the municipality will levy a charge on the rateable property in the service area to raise the costs that the municipality has determined to be related to the service. The charge is based on the assessed value of the property. Unlike local improvement works, the legislation governing special services does not prescribe that a municipality adhere to a detailed process when undertaking a special service, and the Department would consider its use for more unique and exceptional service delivery recoveries as opposed to the provision of physical infrastructure recoveries prescribed within Local Improvement Regulations.

Application of Enabling Legislation

To provide some consistency of application of the two Municipal Act provisions, the Department’s intent is to:

· apply the “local improvement” provisions to typical municipal physical infrastructure;

· apply “special services” provisions to “soft services” and services that are unique, area specific, outside the context of the Local Improvement regulations or better suited to an area charge application.

The Department of Public Works and Services has prepared the policy to focus on “local improvements” in accordance with the provisions in Ontario Regulation 119/03. The Department will coordinate with Legal Services to review any service proposed as a “special service” on a case-by-case basis to confirm that it meets the legislated definition.

Policy Highlights

Only existing properties or communities that are within a designated Public Service Area (as defined in the Official Plan) are eligible for “local improvements” related to water distribution and wastewater collection or treatment. It would also apply to reconstruction, rehabilitation or improvements as a result of request for enhanced levels of service, upgrades beyond base service levels as well as extension of infrastructure assets to areas currently not serviced.

The scope of the policy is limited to responding to requests that are outside the development approval process for the purpose of ensuring a consistent means of addressing requests for non-growth related infrastructure and the respective cost apportionments between benefiting property owners and the City. Development driven extensions, upgrades, expansions, etc. are subject to the processes, provisions and legislative requirements of development charges, development control approvals and front-ending agreements and not subject to the provisions of the proposed policy.

The Local Improvement Policy does not apply to regular maintenance initiatives that are routinely undertaken by the City once the infrastructure becomes part of the City’s asset base. It is important to note the existence of the Local Improvement Policy does not imply an obligation or requirement for the City to allow the undertaking of “local improvements” or “special services”.

The Local Improvement Policy (Attachment 1) defines the framework for considering infrastructure requests. The technical appendices (samples in Attachment 2) contain detailed implementation requirements specific to a type of infrastructure eligible as a local improvement. These appendices will continue to be developed to include other physical infrastructure, such as noise abatement, street lighting, etc. as policies are developed relating to these assets.

Local Improvement Process

In the most general and typical situation, the implementation of an initiative under the Local Improvement Policy would involve the following:

· General interest being expressed by the community or a driver necessitating a proactive City initiative (e.g. municipal water or sewer servicing)

· Information sharing with the property owners in the form of fact sheets, information sessions, surveys of interest etc.

· Petitioning for works as may be required

· Reporting to Committee and Council regarding the proposed local improvement, cost sharing allocations and budgetary requirements

· Passing a bylaw to undertake the works as local improvement

· Public notification of the city’s intent to undertake a local improvement

· Public tender for the implementation of the physical assets

· Construction of the work

· Notification of the final charges to be assessed to the owners

· A review period for concerns related to the charges to be assessed

· Charges assessed to property owners

Although every initiative is different, a straightforward simple petitioned “local improvement” project would see a timeline of approximately 18 to 24 months between certification of petition and charge being assessed to property owners.

Typical fact sheet, survey of interest and petition forms are included in Attachments 3 and 4.

CONSULTATION/PUBLIC NOTIFICATION

Early in the development of the policy framework, the Department completed a peer municipality survey. Ten municipalities were provided a questionnaire with respect to practices and policies related to local improvement type undertakings. Municipalities contacted ranged from Halton to Vancouver, and included St. Catharines, Chatam-Kent, Windsor, Barrie, Region of Peel, London, Cambridge and Waterloo. Follow-up questionnaires were also provided to those municipalities that responded.

Of the municipalities contacted, eight responded and their practices tend to be consistent with those proposed in the Department’s policy document, however they generally are less comprehensive.

The policy framework has been developed with input from the Planning and Growth Management Department, Finance and Legal Services.

FINANCIAL IMPLICATIONS

Cost apportionment for work undertaken under the provisions of the Local Improvement Policy will be shared between all property owners benefiting from the work. Rates used in assessing the apportioned costs to property owners will be based on the actual costs for all work necessary to complete the work or provide the special service, including those for engineering investigations, design, legal services, land acquisition, construction, etc.

The proposed charges require a report for approval by Committee and Council to establish the by-law authorizing their imposition. The specifics for the standard models and practices to be used to develop costs, apportionment and charges are to be defined in the technical appendices of the policy.

Legislation Specifics

Specific provisions under Ontario Regulation 119/03 for “local improvements” provide for payments to occur one of two ways. The property owner could pay lump sum costs for the works, or payments could be deferred through debenture over a ten (10) year period of time as annual, equal installments on the property tax bill.

Under the provisions of Local Improvement regulations for physical infrastructure, the City is also responsible for certain costs. The City’s share of the cost for the work typically includes:

· the share of the cost for City-owned land, where the City is a property owner in the benefiting area;

· costs to be borne exclusively by the City; for example, the collector portion of a sewer (the appendices define the standards and guidelines to establish the City’s share of the work for specific types of infrastructure);

ATTACHMENTS

Attachment 1 – Local Improvement Policy for Infrastructure Assets

Attachment 2 – Technical Appendices (samples)

Attachment 3 – Fact Sheet

Attachment 4 – Petition and Survey of Interest Forms

DISPOSITION

Public Works and Services will administer the implementation of “local improvement” initiatives in accordance with the Local Improvement Policy for Infrastructure Assets.

Appendices are complete for Sewer and Water. Additional appendices are to BE added for specific compopnents as they are developed (e.g. Noise Barriers)

1. Policy Statements

For the provision of localized municipal infrastructure/asset works undertaken as capital projects by the City within municipal lands, easements, and right-of-ways, the Municipal Act, 2001 authority will be used, the related process requirements of Ontario Regulation 119/03 will be followed and the costs of the work(s) provided will be recovered from the benefiting property owners, except where Section 326 of the Act (special services) applies, the development approval process governs, or the works are regular maintenance in nature.

Where a conflict arises between this policy and the policy statements provided in either the City of Ottawa’s Official Plan or Infrastructure Master Plans, the Official Plan or Infrastructure Master Plan will take precedence over this policy.

2. Purpose

The purpose of this policy and its associated procedures is to ensure a consistent means of addressing: 1) requests for municipal infrastructure/asset works unrelated to either greenfield development works or development works subject to the Development Charge Bylaw, and 2) the respective cost apportionments between benefiting property owners and the City for requested municipal infrastructure/asset works.

3. Application

Local Improvement requests pertaining to the following municipal infrastructure/assets are candidates subject to this policy:

Local Improvements (per O. Reg. 119/03)

· Water distribution systems

· Waste water collection systems

· Storm drainage systems

· Road systems

§ constructing, widening and/or paving a road

§ curbs and gutters

§ noise barriers

§ sidewalks (where unwarranted by the Transportation Master Plan)

§ boulevards

§ retaining walls

§ streetlights and decorative lighting

§ sodding and planting trees, shrubs and plants

· Shore protection

· Parks, squares or other public places

For properties that do not have either municipal water or waste water servicing but are within similar proximity to both systems, the installation of both water and waste water servicing will be encouraged to be undertaken simultaneously, if technically and economically feasible, consistent with the policies on the provision of water and wastewater services identified in Section 2.3.2 of the Official Plan.

4. Policy Description

Capital costs associated with the initial construction of infrastructure, such as sewers, watermains, roads and streetlights, within the City of Ottawa are, for the most part, borne by the initial land developer. In the case of residential subdivisions in “newer” fully serviced subdivisions, the developer of the lands then recovers these initial servicing costs (roads, sewers and utilities) through the purchase price of the homes.

In older areas where the initial development did not include municipal services, such as sanitary sewers, storm sewers, streetlights, etc., the City is enabled to allow the undertaking of infrastructure Local Improvements. Where a Local Improvement is performed, those property owners who derive benefit from the improvement will share the installation costs associated with the Local Improvement.

This method of cost assessment is consistent with residential subdivision development, in that those benefiting from the services share in the initial cost of construction. The difference between newer subdivisions and the older, existing areas is that the costs for servicing an existing area were not combined with the initial sale of the property.

This policy has been formed to allow the City to fund and undertake infrastructure Local Improvements in a reasonable, fair, and affordable manner. By respecting a user-pay principle, the policy provides equity to all taxpayers/ratepayers.

5. Exceptions to the Policy

Maintenance / rehabilitation projects excluded per O. Reg.119/03

The policy does not apply to regular maintenance initiatives that would be routinely undertaken by the City, nor does it imply an obligation or requirement for the City to allow the undertaking of Local Improvements. Only communities that are within a designated Public Service Area are eligible for Local Improvements related to potable water distribution and wastewater collection or treatment.

Some candidate sites may not be suitable for a Local Improvement due to a variety of technical, economical and administrative factors including, but not limited to, site topography and physical limitations.

To address technical feasibility issues, the project limits for any Local Improvement, regardless of how it was initiated, may go beyond the route that will immediately benefit the affected property owners. Additional or connecting works may be necessary to provide the facility requested, such as an external sewer outlet, and the cost for such works will be part of the total project cost. For any Local Improvement, the City will determine the logical project limits based on system design requirements and/or overall

cost benefits (e.g. entire street, completion of a sector, completion of a drainage basin, etc.).

6. Policy Coverage

6.1 Proponents Covered by the Policy

The following proponents of infrastructure/asset Local Improvements are subject to this policy:

Ability to petition per O. Reg.119/03

1. Multiple property owners representing multiple properties within an existing local community, acting as a collective via a petition process.

2.

Local Improvement for health reasons per

O. Reg.119/03

The City of Ottawa, for the following reasons:

a. Public health based on sanitary grounds, or

b. Proactive coordination of works based on infrastructure life-cycle analysis, or

c. Receipt of an insufficient petition from a community, where mitigating circumstances warrant.

6.2 Proponents Not Covered by the Policy

For infrastructure/asset requests brought forward by either the owner(s) of a single property or a single owner of multiple properties, each request will be reviewed on an exception basis and the owner(s) will be required to enter into a service agreement with the City.

The service agreement will outline all of the City’s conditions for the owners(s) to undertake the requested work. In such cases, the owner(s) must be willing to accept the responsibility to undertake the installation work in its entirety. The City will confirm the required work limits based on system design requirements and/or overall cost benefits (e.g. entire street, completion of a sector, completion of a drainage basin, etc.). The cost of all the work will be borne fully by the owner. The City will not provide any funding support or provide assistance to the property owner for financial compensation from other property owners after the installation.

Therefore, a request brought forward by either the owner(s) of a single property or a single owner of multiple properties is exempt from the funding, processing principles and the procedures addressed in the remainder of the policy, which focuses on requests brought forward by either City of Ottawa staff or multiple property owners representing multiple properties.

7. Financing Principles (Requests by Multiple Owners or City of Ottawa)

Cost apportionment for work undertaken under the provisions of this policy will be shared between all property owners benefiting from the work. Rates used in assessing the apportioned costs to property owners will be based on the estimated actual costs for all work necessary to complete the Local Improvement (engineering investigations, design, legal costs, land acquisition, construction, etc.). Council will approve these special assessment charge rates as part of the report and bylaw authorizing the work to be undertaken. Refer to the appendices for the standard models and practices to be used to develop costs, apportionment and special assessment charge rates.

The City’s cost share will include the following specific costs associated with Local Improvements:

· Share of the cost for City owned land, where the City is a property owner in the benefiting area.

·

Costs to be borne by municipality per

O.Reg. 119/03

Costs to be borne exclusively by the City; for example, the collector portion of a sewer. Refer to the appendices for the standards and guidelines to establish the City’s share of the work for specific types of infrastructure.

· Costs associated with reductions and allowances granted to property owners under certain circumstances and costs associated with non-assessable lands.

For cost recovery of the non-City share, the benefiting property owners will be allowed more than one payment option; refer to Section 12 for more information.

The special assessment charge rate to the benefiting property owners will not exceed the estimated rate approved by Council, unless extenuating circumstances apply. Should the actual cost of construction for the works be less than the costs detailed in the report to Council, City staff will adjust the special assessment charge rate to the advantage of the property owners.

8. Processing Principles (Requests by Multiple Owners or City of Ottawa)

To address technical feasibility issues, the project limits for any Local Improvement may go beyond the route that will immediately benefit the affected property owners, regardless of how it was initiated. Additional or connecting works may be necessary to provide the facility requested, such as external sewer outlets, the cost of which will be part of the total project cost. For any Local Improvement, the City will determine the logical project limits based on system design requirements and/or overall cost benefits (e.g. entire street, completion of a sector, completion of a drainage basin, etc.). Where a community needs a Master Plan project to occur before localized infrastructure/physical asset can be undertaken, a Local Improvement request will only be considered if the phase(s) of the Master Plan project that would allow the localized infrastructure/asset has been initiated.

Assuming the Local Improvement is technically feasible, it will be subject to the following requirements for approval:

1.

Requirement for Local Improvement bylaw per

O. Reg.119/03

Legislated approval requirements

2. Funding availability

3. Council approval of a bylaw to undertake the work as a capital works project and assess the costs to the benefiting property owners

Coordinating a Local Improvement with other types of infrastructure work may be considered when opportunities arise, as in the case of a capital project by the City or a project by a development proponent. In such cases, the City may initiate the Local Improvement process. For work requested by property owners via the petition process, City staff may recommend coordinating the installation of other types of infrastructure, such as water and sewer works, if deemed technically and financially feasible.

9. Initiation/Identification of Local Improvement work

9.1 Local Improvement Proposed by City of Ottawa Staff

Local Improvement for health reasons per

O. Reg.119/03

City staff may propose the establishment of a Local Improvement based on a recommendation, received from either the Minister of Health and Long-Term Care or the City’s Chief Medical Officer, that the Local Improvement is necessary or desirable in the public interest on sanitary grounds.

City staff may also propose that a Local Improvement be established at an eligible location in coordination with an identified or anticipated capital project in order to achieve infrastructure life-cycle benefits.

When an insufficient petition (refer to Section 9.2.5) has been received, City staff may propose that a Local Improvement be established if there are mitigating circumstances to warrant the work.

9.2 Local Improvement Requests by Multiple Property Owners (via a Petition Process)

9.2.1 Request for a Local Improvement

Upon receipt of a written request by a property owner(s) for a Local Improvement, or for information on the feasibility of a Local Improvement to benefit their property, staff will provide a Survey of Interest form for circulation among the potentially affected property owners. The sole purpose of the Survey of Interest will be to provide City staff with a gauge of the interest level for a Local Improvement within a neighborhood or community and therefore it will not be binding upon the owners in terms of cost recovery.

If over 50% of the potentially affected property owners sign the Survey of Interest form, the City will determine the technical feasibility of the requested work. If the work is technically feasible, staff will commit the internal and/or external resources necessary to undertake a functional design for the requested Local Improvement project.

Once the functional design is complete, staff will provide an outline of this policy and the requirements for the project, including the route/location for the work, the logical limits, and the estimated cost to the affected property owner(s).

All written responses provided by staff to the property owner(s) will also be provided to the relevant ward councillor(s).

9.2.2 Public Information Session

A public information session may be organized by staff at the request of the affected property owners or the relevant ward councillor(s) prior to the circulation of a formal Local Improvement petition form.

9.2.3 Local Improvement Petition

A Local Improvement petition document will include the following information as a minimum:

· a plan of the Local Improvement route/location,

· a written description of the proposed work,

·

Description of property on petition per

O. Reg.119/03

the legal descriptions/assessment roll number of all the benefiting properties,

·

All owners to be identified on petition per

O. Reg.119/03

the legal descriptions/assessment roll number of any properties that abut but do not benefit by the work,

· the names of all owners and co-owners of identified properties,

· a declaration of intent (to which the owners agree by signature),

· a declaration of authenticity (to be signed by the Lead Petitioner).

9.2.4 Petition Circulation Requirements

The petition document will be submitted to the Lead Petitioner for circulation within the community. There are two (2) significant restrictions on the deadline to return the signed petition to the City:

1. The City must receive the signed document within six (6) months of the date of the petition being forwarded to the Lead Petitioner in order to ensure that the property ownership information is current and,

2. Signed petition documents must be received by the last Friday in August in any given year to be eligible for consideration as a potential project in the City’s Capital Works Program the following year (the Local Improvement work will be prioritized relative to other capital project needs and budget allocations).

Signed petition documents will be returned to an identified contact in the Infrastructure Services Branch of the Public Works and Services Department.

9.2.5 Petition Sufficiency

The received petition document will be subject to a screening process by the Legal Services Branch in the Corporate Services Department. It will also be subject to a certification of sufficiency process by the City Clerk using the requirements defined under the Municipal Act, 2001 and Ontario Regulation 119/03.

To be deemed sufficient, a petition must have as a minimum the signatures of the owners representing:

1.

Criteria for petition sufficiency

O. Reg.119/03

2/3 of the properties identified on the petition as benefiting from the Local Improvement and,

2. 50% of the total assessed value of the properties identified as benefiting from the Local Improvement.

The City will keep a record of the petition, regardless of the outcome, and a written notification will be submitted to the affected property owners, as well as the relevant ward councillor(s).

10. Approval of Capital Works through Local Improvement bylaw

10.1 Report of Recommendation for a Bylaw

For Local Improvements initiated by a certified petition or proposed by City staff, a report of recommendation for the work will be presented to Committee and Council. The report of recommendation will request that Council approve the following:

·

Information required for bylaw per

O. Reg.119/03

the project as a Local Improvement,

· the estimated funding amount for the project,

· the year(s) of project funding approval,

· the associated rate of assessment to the benefiting properties,

· any reductions or allowances to the cost share of an individual property, such as irregular lots,

· the property owners’ share of the cost,

·

Public notice before passing bylaw per

O. Reg.119/03

the City’s share of the cost and,

· a bylaw to undertake the work, effective after having given the required public notice, and where necessary, after receipt of approval from the Ontario Municipal Board.

10.2 when a Local Improvement Bylaw takes effect

10.2.1 Local Improvement Based on Sanitary Grounds or a Sufficient Petition

Final approval granted per

O. Reg.119/03

Where either a recommendation based on sanitary grounds or a sufficient petition has been received, the bylaw for undertaking the proposed capital works as a Local Improvement will come into effect once Council has given its approval and City staff will proceed with the addition of the project to the capital budget work plan.

10.2.2 Local Improvement Proposed by City Staff not on Sanitary Grounds

For any Local Improvement project proposed by City staff for reasons other than those identified in Section 10.2.1, the City will apply to the Ontario Municipal Board (OMB) for final approval once Council has given its approval for a bylaw. The public and all property owners liable to be specially charged will be notified that the City intends to apply to the OMB for final approval. An objection to the work to be undertaken as a Local Improvement may be filed within thirty (30) days after the notice is issued to the affected property owners and the public.

OMB approval granted per

O. Reg.119/03

If no objections are filed, the City will be deemed to have received the approval of the Board for the project and the bylaw for undertaking the proposed capital works as a Local Improvement will come into effect.

However, if an objection to the project is filed, the City may choose to resolve the objection through negotiation with the objecting property owner(s). Should the City be unable to resolve the objection to its satisfaction, the City will notify the Ontario Municipal Board of the objection within sixty (60) days of the deadline for the receipt of objections and a decision on the objection will be made by the OMB. If the Board decides in favour of the City, the bylaw for undertaking the proposed capital works as a Local Improvement will come into effect.

OMB approval granted per

O. Reg.119/03

Once the bylaw for undertaking the project as a Local Improvement comes into effect, City staff will proceed with the addition of the project to the capital budget work plan.

11. Construction of Capital Works as a Local Improvement

A capital works project undertaken as a Local Improvement will be managed as any other capital project. As such, engineering work will proceed once project funding and all legislated approvals have been secured. Staff will complete technical investigations, preliminary design and detailed design for the requested Local Improvement. If necessary, staff may organize a public information session with affected property owners to outline construction related issues. All construction projects will be subject to the City’s public tender process.

12. Final Cost Assessment of Capital Works Project

After the construction of the infrastructure or physical asset is completed and the City has accepted the work, the total actual costs associated with the Local Improvement will be computed. A comparison of the estimates for the special assessment charges approved by Council and those based on the total actual costs will be completed. The lower of the two amounts (estimated cost and actual total cost) will be applied to the project, unless extenuating circumstances apply.

12.1 Amendments to Assessment Charges

Court of Revision to hear complaints per

O. Reg.119/03

Before establishing a special assessment roll to finalize the charges, an opportunity to hear complaints regarding the proposed charges by a Court of Revision will be provided.

The Court of Revision cannot exempt a property from a special assessment charge. However, pursuant to Ontario Regulation 119/03, it is empowered to make revisions to the following aspects of the special assessment charge information:

· name of property owner

· property measurements

· reduction of assessment amount for corner or irregular shaped lots

· rate per metre with which any of the properties is to be assessed

· cost and lifetime of the Local Improvement

The Court’s decision on the special assessment charge information is final, unless there are extenuating circumstances per Ontario Regulation 119/03.

12.2 Payment

Payment options per

O. Reg.119/03

Property owner payment will occur after the establishment of the special assessment roll, created by bylaw and approved by Council following construction completion of the works. There will be two (2) payment methods available:

1. by a lump-sum payment, with no interest, within thirty (30) days of the bylaw creation, or;

2. by ten (10) equal annual payments, calculated to include any carrying costs or interest charges, added to the property tax bill or if a property is tax exempt, via another billing option.

13. Definitions

The following are definitions specific to the body of this policy document. For definitions specific to the Local Improvement process for each infrastructure type, refer to the appendices attached to this policy document.

“benefiting property” means a property that may derive some form of (immediate, see O. Reg.119/03, Section 9a (ii) vs. direct and non-direct, see MA, Section 326) servicing benefit by the proposed infrastructure/asset to be undertaken as a Local Improvement;

“central services” means the watermain and sewer infrastructure that the City is responsible to operate, maintain and rehabilitate, within the Public Service Areas as defined by the City of Ottawa Official Plan;

“certification of sufficiency” means the City Clerk has certified the validity of the petition based on a recommendation from Legal Services Branch;

“City's share of the cost” means that portion of the cost of a work that is payable by the City;

“construct” includes reconstruct, extend, enlarge, improve and alter, and "construction" has a corresponding meaning (O. Reg.119/03);

“cost”, as applied to a work, means capital cost (O. Reg.119/03);

“Court of Revision” means a court of revision as constituted under Ontario Regulation 119/03;

“irregular lot” means a parcel of land:

i) that is neither rectangular nor square

ii) that is not consistent in area with the typical lot in the Local Improvement

iii) where works abut more than one side (e.g. front and rear yard)

iv) where the lot line abutting the works is not a straight line

v) any combination of the above

“Local Improvement” means an infrastructure/asset upgrade, enhancement or extension of a type constituted as eligible for undertaking per the provisions of Ontario Regulation 119/03;

“lead petitioner” means the designated representative of the local community with the responsibility of circulating the petition to all the benefiting property owners and the person responsible to sign the declaration of authenticity;

“owner” means, with respect to a lot and in the absence of evidence to the contrary, the person appearing by the last returned assessment roll, as most recently revised, to be the owner of the lot (O. Reg.119/03);

“petition” means a document including the declaration of intent of the property owners, a description of the requested work, a declaration of authenticity and an appended list of the petitioners containing the petitioners’ signatures, the proper legal description of the property and the mailing address of the petitioner;

“Public Service Area” means an area within the urban boundary or a rural community that is connected to central services for wastewater collection and/or potable water distribution;

“reduction” includes an exemption (O. Reg.119/03);

“sewer” includes a sanitary sewer and a storm drain (O. Reg.119/03);

“special assessment charge” means a fee or charge imposed in accordance with Ontario Regulation 119/03 in respect of the cost of a work undertaken as a Local Improvement and "specially charged" has a corresponding meaning;

“special service” means a service or activity of a municipality or a local board of the municipality that is,

a) not being provided or undertaken generally throughout the municipality, or

b) being provided or undertaken at different levels or in a different manner in different parts of the municipality

as per the provisions of Section 326 of the Municipal Act, 2001. A more detailed list is provided in Ontario Regulation 305/02;

“system” means one or more programs or facilities (including real and personal property) of a person used to provide services and things to the person or to any other person and includes administration related to the programs, facilities, services and things (Municipal Act, 2001);

“work” means a work that may be undertaken as a Local Improvement.

14. Responsibilities

This section identifies the principal roles and responsibilities assigned to City staff for the policy. More detailed roles and responsibilities may be captured in a separate procedures document.

Infrastructure Services – Infrastructure Management Division will:

be the point of contact between residents and other City Departments;

maintain an inventory of potential Local Improvement project areas;

prepare servicing plans for areas subject to a Local Improvement project;

provide information packages upon request, where applicable;

prepare, receive and validate petitions; and

prepare reports on requested Local Improvements for Committee and Council approval

enforce the policy and ensure the procedures are followed

recommend amendments to the policy when appropriate.

Infrastructure Services - Construction Services Divisions will:

provide project management services through the detail design, construction and warranty phases of the Local Improvement installation.

Planning and Growth Management will:

provide supporting information in determining technical requirements or constraints.

Legal Services will:

· validate ownership and petition submissions.

Secretariat Services (City Clerk) will:

· certify the sufficiency of a petition subject to the requirements of Regulation 119/03, where applicable.

Various Operational Divisions will:

· Provide supporting information in determining technical requirements or constraints.

15. Delegated Authority of Deputy City Manager and director

The Deputy City Manager of the Public Works and Services (PWS) Department and the Director of the Infrastructure Services Branch have delegated authority to:

· interpret the procedures identified in this policy to their satisfaction.

· make revisions, additions and amendments of a technical or administrative nature to this policy.

16. Legislated & Administrative Authorities

This corporate policy is governed by Provincial and Municipal legislation and regulations, as follows:

16.1 Provincial

· Municipal Act, 2001

- Part 12 of the Act enables the Regulations.

· Ontario Regulation 119/03

- identifies the works eligible as Local Improvements and details the requirements to undertake work.

· Ontario Regulation 244/02

- specifically addresses sewer and water rates.

· Provincial Policy Statement (1997), Section 1.3 Infrastructure

o essentially states that the municipality shall endeavour to provide central services for urban areas and rural settlement areas.

16.2 Municipal

· Official Plan

- Section 2.3, Providing Infrastructure

- Section 4.0, Review of Development Applications

· Infrastructure Master Plan

- Section 4.0, Cost and Value

- Section 6.0, Existing Systems

· Transportation Master Plan

- Section 5.2, Sidewalks

- Section 6.2, Cycling

- Section 14.3, Funding

· Bylaws

- Water and Sewer Connection Bylaw

- Sewer Use Bylaw

17. Key Word Search

Relevant keywords in this document that are to be added to the Policy Manual Subject Index are:

§ Certification of Sufficiency

§ Court of Revision

§ Local Improvements

§ Extension of Services

§ Frontage

§ Frontage rate

§ Lead Petitioner

§ Local Improvement

§ Local Improvement Charges

§ Petition

§ Special Assessment Charges

§ Survey of Interest

18. Contact

For more information on this policy, contact the Manager, Infrastructure Management Division of the Infrastructure Services Branch in the Public Works and Services Department.

Attachment 2 – Technical Appendices (Sample)

APPENDIX A

Watermain Local Improvements

A.1 Description

This appendix provides guidelines specific to undertaking work related to municipal water infrastructure as Local Improvements, as well as the details to be used in establishing cost apportionment between the City and property owners for such undertakings.

A.2 Costs to be Considered for Apportionment

The costs to be considered for apportionment will include the following components:

1. Watermain – costs of the main line, valves and any other appurtenances, structures or facilities necessary for the conveyance and distribution of potable water, and includes other required infrastructure work external to the benefiting area (e.g. pump stations, secondary linkages, etc.).

2. Service Connections – costs associated with the construction of each service lateral placed between the watermain and the private property line.

3. Road Infrastructure Restoration – costs associated with the work necessary to restore the road infrastructure, including pavement, sidewalks, boulevard, etc., disturbed by the construction activities, to acceptable standards.

4. Incidental Costs – all costs other than construction related costs that are incurred in the process of delivering the Local Improvement requested. These costs can include but may not be limited to such items as surveys, legal costs, land acquisition, engineering costs and advertising.

A.3 Apportionment – City vs. Property Owners

Cost apportionment will be based on all work undertaken to provide the Local Improvement as follows:

A.3.1 Costs to be Borne Exclusively by the City of Ottawa (refer also to Section 7 of the Policy)

The City will exclusively bear costs related to:

1. The entire non-local portion of a feedermain, i.e. for watermains larger than 406mm, the difference in cost to provide a watermain of a diameter in excess of 406mm.

2. City-owned land and intersections of public road allowances (refer to Section A.3.2).

3. All costs associated with road infrastructure work not related to the provision of potable water conveyance and distribution as a Local Improvement.

4. The entire cost of all hydrants constructed in connection with a watermain.

5. Lands that cannot be assessed, as identified by Ontario Regulation 119/03.

6. Frontage reductions, allowances and adjustments.

7. Share of the incidental costs as a proportion of the City’s share for items (1) through (6) against the total cost.

A.3.2 Property Owners

All identified property, including City owned land and intersections of public road allowances (in keeping with Ontario Regulation 119/03), will be assessed the costs related to the following:

1. All costs associated with the local watermain(s) (406 mm diameter and smaller).

2. All costs attributable to the local portion of a feedermain (i.e. the portion of the feedermain required to service the Local Improvement area only) where a feedermain greater than 406mm diameter is identified for system operational needs beyond those of the subject area.

3. All costs associated with the provision of service connection(s) between the watermain and lot line.

4. All restoration of road infrastructure within trench corridors/areas for main lines, appurtenances, services, structures and facilities.

5. All costs associated with pavement remediation required outside of trench corridors/areas.

6. Share of the incidental costs as a proportion of the owners’ share for items (1) through (5) against the total cost.

A.4 Method of Assessment to properties

A.4.1 Intial Assessment Charge Calculation

Each property will be assessed a charge for the Local Improvement undertaken by applying the following:

1. an amount representing the actual cost of the service connection, and related road infrastructure restoration, provided for the property (refer to A.3.2).

2. an amount representing the frontage rate multiplied by the total frontage of the property. The frontage rate is determined by the total actual costs apportioned to properties (refer to A.3.2), less the costs identified in A.4.1 (1), divided by the total assessable frontage (including road allowances at intersections) attributable to the Local Improvement.

A.5 Definitions

The following are definitions that apply to this appendix:

“feedermain” means a watermain that is greater than 406mm in diameter, as per the Development Charge background studies;

"frontage", when used in reference to a lot abutting on a work, means that side or limit of the lot that abuts on the work or, for a non-abutting property benefiting from a work, that side or limit of the lot that will be used to determine the assessable charge to the property;

“frontage rate” means the unit cost rate that is applied to the side or limit of the property deemed to be the frontage in order to determine the special assessment charge.

APPENDIX B

Sanitary sewer local improvements

B.1 Description

This appendix provides guidelines specific to undertaking work related to municipal sanitary sewer infrastructure as local improvements, as well as the details to be used in establishing cost apportionment between the City and property owners for such undertakings.

B.2 Costs to be Considered for Apportionment

The costs to be considered for apportionment will include the following components:

1. Sewermain – costs of the main line, manholes and any other appurtenances, structures or facilities necessary for the collection and conveyance of wastewater, and includes other required infrastructure work external to the benefiting area (e.g. pump stations, forcemains, etc.).

2. Service Connections – costs associated with the construction of each service lateral placed between the main sewer and the private property line.

4. Incidental Costs - all costs other than construction related costs that are incurred in the process of delivering the local improvement requested. These costs can include but may not be limited to such items as surveys, legal costs, land acquisitions, engineering costs and advertising.

B.3 Apportionment – City vs. Property Owners

Cost apportionment will be based on all work undertaken to provide the local improvement as follows:

B.3.1 Costs to be Borne Exclusively by the City of Ottawa (refer also to Section 7 of the Policy)

The City will exclusively bear costs related to:

1. The entire non-local portion of a collector sewer, i.e. for sanitary sewers larger than 375mm, the difference in cost to provide a sewer of a diameter in excess of 375mm.

2. City-owned land and intersections of public road allowances (refer to Section B.4.2).

3. All costs associated with road infrastructure work not related to the provision wastewater collection and conveyance as a local improvement or special service.

4. Lands that cannot be assessed, as identified by Ontario Regulation 119/03.

5. Frontage reductions, allowances and adjustments.

6. Share of the incidental costs as a proportion of the City’s share for items (1) through (4) against the total cost.

B.3.2 Property Owners

All identified property, including City owned land and intersections of public road allowances (in keeping with Ontario Regulation 119/03), will be assessed the costs related to the following:

1. All costs associated with the local sanitary sewers (375mm diameter and smaller).

2. All costs attributable to the local portion of a collector sanitary sewer (i.e. the portion of the collector required to service the local improvement area) where a sewer greater than 375mm diameter is identified for system operational needs beyond those of the subject area.

3. All costs associated with the provision of service connection(s) between the sewer and lot line.

4. All restoration of road infrastructure within trench corridors/areas for main lines, appurtenances, services, structures and facilities.

5. All costs associated with pavement remediation required outside of trench corridors/areas.

6. Share of the incidental costs as a proportion of the owners’ share for items (1) through (5) against the total cost.

B.4 Method of Assessment to properties

B.4.1 Intial Assessment Charge Calculation

Each property will be assessed a charge for the local improvement undertaken by applying the following:

1. an amount representing the actual cost of the service connection, and related road infrastructure restoration, provided for the property (refer to B.3.2).

2. an amount representing the frontage rate multiplied by the total frontage of the property. The frontage rate is determined by the total actual costs apportioned to properties (refer to B.3.2), less the costs identified in B.4.1 (1), divided by the total assessable frontage (including road allowances at intersections) attributable to the local improvement.

B.5 Definitions

The following are definitions that apply to this appendix:

“collector sanitary sewer” means a sewer that is greater than 375mm in diameter, as per the Development Charge background studies.

“frontage rate” means the unit cost rate that is applied to the side or limit of the property deemed to be the frontage in order to determine the special assessment charge.

APPENDIX C

Storm Sewer Local Improvements

C.1 Description

This appendix provides guidelines specific to undertaking work related to various types of municipal storm sewer infrastructure as Local Improvements, as well as the details to be used in establishing cost apportionment between the City and property owners for such undertakings.

C.2 Costs to be Considered for Apportionment

The costs to be considered for apportionment will include the following components:

1. Sewermain – costs of the main line, manholes and any other appurtenances, structures or facilities necessary for the collection and conveyance of storm water, and includes other required infrastructure work external to the benefiting area (e.g. pumping station, forcemains, outlets, etc.).

2. Service Connection – costs associated with the construction of each service lateral placed between the main sewer and the private property line.

3. Stormwater Management – costs associated with structures or facilities necessary for the quality and/or quantity management of storm water and include other required infrastructure work external to the benefiting area (e.g. stormwater ponds, in-stream flow controls, outlets, etc.).

4. Boulevard Work (partial ditch infilling) – costs associated with the work undertaken within the boulevard areas of the roadway (including catch basins, landscaping, driveways and restoration of boulevard areas of the roadway).

5. Urbanization Costs (full ditch infilling)– costs associated with the provision of concrete curbing and ditch infilling.

6. Road Infrastructure Restoration – costs associated with the work necessary to restore the road infrastructure, including pavement, disturbed by the construction activity to acceptable standards.

7. Incidental Costs - costs other than construction-related costs that are incurred in the process of delivering the Local Improvement requested. These costs can include but may not be limited to such items as surveys, legal costs, land acquisitions, engineering costs and advertising.

C.3 Apportionment – City vs. Property Owners

Cost apportionment for storm sewers accounts for drainage flows from properties and municipal road allowances (relative to each other) and will be based on all work undertaken to provide the Local Improvement as follows:

C.3.1 Costs to be Borne Exclusively by the City of Ottawa (refer also to Section 7 of the Policy)

The City will exclusively bear costs related to the following:

1. For a local sewer (1650mm diameter and smaller) carrying only surface drainage – thirty per cent (30%) of the cost of the sewer, including related boulevard or urbanization work. This percentage is based on typical installations.

2. For a local sewer (1650mm diameter and smaller) carrying both surface drainage and footing drainage – the cost share will only account only for surface drainage and will be thirty per cent (30%) of the cost of the sewer associated with addressing surface drainage, including related boulevard or urbanization work. The portion of the cost associated with footing drainage, such as size and depth, is borne exclusively by the property owners. This is based on typical installations.

3. For a collector sewer (greater than 1650mm) – the cost of the sewer, including related boulevard or urbanization work, that represents only the non-local sewer portion of the cost, which is then further apportioned depending on whether the stormwater conveyed is surface drainage only, or both surface and footing drainage, as outlined above in C.3.1(1) and C.3.1(2).

4. City-owned land and intersections of public road allowances (refer to Section C.3.2).

5. All costs associated with road infrastructure work not related to the provision storm water conveyance as a Local Improvement.

6. All costs associated with boulevard and urbanization work not related to the provision of storm water conveyance as a Local Improvement.

7. Lands that cannot be assessed, as identified by Ontario Regulation 119/03.

8. Frontage reductions, allowances and adjustments.

9. The entire cost of culverts, catch basins and other works that are provided for surface drainage and that are incidental to the construction of a sewer, per Ontario Regulation 119/03.

10. Share of the incidental costs as a proportion of the City’s share for items (1) through (9) against the total cost.

C.3.2 Property Owners

All identified property including City owned land and intersections of public road allowances (in keeping with Ontario Regulation 119/03), will be assessed the costs related to the following:

1. For a local sewer (1650mm diameter and smaller) carrying only surface drainage - seventy per cent (70%) of the cost of the sewer, and including related boulevard or urbanization work and stormwater management. This percentage is based on typical installations.

2. For a local sewer (1650mm diameter and smaller) carrying both surface drainage and footing drainage - seventy per cent (70%) of the cost of the sewer associated with addressing surface drainage, including related boulevard, urbanization work and/or stormwater management, and all (100%) costs associated with footing drainage, such as the extra installation depth required to pick up drainage from building footings. This is based on typical installations.

3. For a collector sewer (greater than 1650mm) – the cost of the sewer, and including related boulevard or urbanization work and stormwater management, that represents only the local sewer portion of the cost, which is then further apportioned depending on whether the stormwater conveyed is surface drainage only, or both surface and footing drainage, as outlined above in C.3.2(1) and C.3.2(2).

4. All costs associated with the provision of standard connection(s) between the sewer main and lot line.

5. All restoration of road infrastructure within trench corridors/areas for main lines, appurtenances, services, structures and facilities.

6. All costs associated with pavement remediation required outside of trench corridors/areas.

7. All costs associated with the provision of boulevard and urbanization work required due to the provision of storm sewers.

8. Share of the incidental costs as a proportion of the owners’ share for items (1) through (7) against the total cost.

C.4 Method of Assessment to properties

C.4.1 Intial Assessment Charge Calculation

Each property will be assessed a charge for the local undertaken by applying the following:

1. an amount representing the actual cost of the service connection, and related road infrastructure restoration, provided for the property (refer to C.3.2).

2. an amount representing the frontage rate multiplied by the total frontage of the property. The frontage rate is determined by the total actual costs apportioned to properties (refer to C.3.2), less the costs identified in C.4.1(1), divided by the total assessable frontage (including road allowances at intersections) attributable to the Local Improvement.

C.5 Definitions

The following are definitions that apply to this appendix:

“collector storm sewer” means a sewer that is greater than 1650mm in diameter, as per the Development Charge background studies.

“footing drainage” means the share of the total stormwater flows draining to a storm sewer that are captured from building footings by gravity service connections (as opposed to sump pumps); the footing drainage component is assumed to be satisfied by a conventional storm sewer installation that is typically deeper than the sewer required for only surface drainage.

“frontage rate” means the unit cost rate that is applied to the side or limit of the property deemed to be the frontage in order to determine the special assessment charge

“surface drainage” means the share of the total stormwater flows draining to a storm sewer that are captured from overland flow drainage areas, which are split between land within the road allowance and land outside the road allowance; the surface drainage component is assumed to be satisfied by a modified storm sewer installation.