Driveway Permits Procedure

Purpose statement

This procedure outlines the driveway permit process, including standard requirements, public safety, traffic egress/ ingress and the availability of the proposed location in conjunction with permit requirements under the Town of Oakville Municipal Right of Way By-Law, as amended (‘Municipal Right of Way By-law')  or Planning Applications.

Scope

This procedure applies to the Municipal Right of Way By-law, Section 1, Sub-sections O and P; all new and modified residential, commercial, industrial and institutional driveways; with or without curb cuts and culverts within the town.

This procedure shall represent the standards and specifications for driveways.

Procedure

Permits for any installation or alteration of driveways within the municipal right of way are mandatory and shall be issued by the Development Engineering Department and shall comply with all applicable by-laws, policy and regulations.

Requests/ applications for driveway permits must be made not less than ten (10) business days in advance of the proposed installation/alteration date. All permit applications shall include the following:

  1. A signed and completed Driveway Permit Application;
  2. Two copies of a detailed scalable plan showing the driveway location(s) existing and/or proposed. The plan shall show all existing topographical features, grades, all property boundary lines for the serviced lot and shall be labelled with street names, municipal addresses and a north arrow depicting true north. The plan shall show the dimensions of the existing and/or proposed driveway and its location relative to fixed features (curb lines, property lines, trees, sidewalks, etc.), so that such proposed installation or alteration work can easily be determined in the field;
  3. For proposed commercial/industrial and multi-residential driveway entrances, a traffic safety and impact study may be required to determine if the proposed driveway can be supported by the existing adjacent roadway or if roadway improvements, at the applicant’s expense (e.g. introduction of turn lanes, traffic signals, etc.) are necessary to support the proposed driveway;
  4. The applicant shall seek approval for curb cutting, curb removal and replacement or culvert installation at the time of permit application. If approved, the issued permit will state curb removal information or length and diameter of culvert;
  5. Payment of all applicable fees and required deposits;
  6. An Arborist report (additionally, a Municipal Tree Encroachment Agreement if municipal town trees may be impacted); and
  7. Copies of any additional permits that may be required from other town departments.

Terms and conditions

General

  1. All work must be completed within one (1) year of permit issuance or the permit will lapse and be revoked.
  2. Installation and Alteration Work
    1. All work is to be built to town standards, regulations, and permit conditions.
    2. Applicant must not commence any work until the permit is approved.
    3. Applicant must provide 48 hours notice prior to commencing work.
    4. A traffic management plan in accordance with Book 7 Temporary Conditions of the Ontario Traffic Manual, where required, must be submitted 48 hours prior to the work commencing.
    5. Temporary Street Occupation permit may be required for the driveway installation/ alteration work should storage of materials be required in the right of way.
  3. All driveways within the municipal right of way shall connect to a driveway within a private lot to provide access/ egress to private property. The portion of the driveway on the municipal right of way shall not be used to perform any other function, including parking of vehicles or storage of materials and equipment. All driveways must conform to the Zoning By-law requirements, save and except driveways which provide public utility access to roadside equipment.
  4. A driveway permit may not be issued where the installed or altered driveway does not provide suitable sightline clearance at the entry point into the municipal road allowance.
  5. Where a Traffic Safety and Impact Study identifies the need to improve the roadway adjacent to the proposed driveway (e.g. add turn lanes, traffic signals, etc.), those needed improvements shall be constructed fully prior to opening the driveway to private and/ or public use.
  6. Every driveway located within the municipal right of way is provided for the sole purpose of servicing the private lands and shall be maintained in good service condition.
  7. All risk, responsibility and expense associated with any driveway located on any municipal right of way is the responsibility of the serviced property owner.
  8. No driveway shall meet the travelled portion of the road allowance at an angle of less than seventy degrees (70°).
  9. Abandoned driveways shall be removed from within the municipal right of way and the right of way reinstated by the property owner to the satisfaction of the Director of Development Engineering. The cost of such removal and reinstatement work shall be at the sole expense of the property owner.
  10. Driveways within the municipal right of way shall have a slope between:
    1. Low density residential - 1% min. and 7% max.
    2. Multiple residential, commercial, Industrial, Institutional – 1% min. and 5% max. (and on private property within 7.5 meters of the right of way)
    3. Major commercial driveways on private property may have a maximum slope of up to 10%.
    4. Driveways for underground garages and loading bays, if heated, may have a maximum slope of up to 15%.
  11. Negative driveway slopes are not permitted within the municipal right of way and are discouraged on private property due to storm water and drainage issues.
  12. The Director of Development Engineering may direct the removal or alteration of any driveway (including any abandoned driveway location) within the municipal right of way which has not been:
    1. permitted;
    2. installed or altered in accordance with the permit issued; or
    3. maintained in a good service condition.
  13. In the event the permit holder refuses or fails to complete the driveway works as approved, remove a non-permitted driveway or to properly remediate an abandoned driveway location as directed by the Director of Development Engineering, the Director of Development Engineering is hereby authorized to remove the driveway and/or perform the remediation works as deemed necessary. All costs incurred by the Town of Oakville in performing such work shall be invoiced to the property owner serviced by the driveway with an administrative fee of 50%. Failure to do so will result in the costs being deducted from any permit security. Should there be no securities, costs shall be added to the tax roll of the property owner and collected in the same manner taxes.
  14. The Town reserves the right to alter or close (temporarily) any driveway with advance notice except in the case of unplanned emergency work where appropriate notice cannot be reasonably given. This right also extends to authorized service providers (utilities) operating within the municipal right of way. Any work which requires the disruption of an existing driveway by the Town or authorized service provider shall be reinstated to its pre-disturbed condition or better; however, recognizing that there may be variations in colour between new and aged material and that such variations will be deemed acceptable. The limit of reinstatement shall be between the edge of the road and the municipal right of way or where municipal sidewalks are present, between the edge of the road and the municipal sidewalk.
  15. The Town will not issue permits for driveway entrance alterations within unassumed right of ways unless the application is made by the developer responsible for the street construction.

Maximum Number of Driveways

  1. For residential lots, a maximum of one driveway per lot is permitted. The driveway may cross a front lot line or flankage lot line (but not both lot lines)
  2. Notwithstanding item 1 of this section; one driveway per dwelling is permitted on a block designated for semi-detached, townhouse, back-to-back townhouse and duplex dwellings.
  3. Notwithstanding item 1 of this section; where a residential circular driveway is proposed and meets the criteria set out in the section on circular driveways below, a second driveway on the same frontage will be allowed.
  4. For commercial, industrial and institutional properties the number of driveways and physical properties shall be approved through the site plan application process.

Driveway width

Triple (three car) width driveway entrances for residential properties may be permitted only for sites with appropriate zoning and that have a legal three car garage structure in place.

  1. The minimum width of a driveway shall be 3.0 metres.
  2. Notwithstanding item 1 of this section; the minimum width of a driveway where a detached private garage is provided in a rear yard shall be 2.4 metres.
  3. The maximum width of a driveway within the municipal right of way shall be:
    1. Low density residential; Single - 3.5 metres, Double - 6.5 metres, Triple - 9 metres.
    2. Multiple residential; 7.5 - 9 metres,
    3. Commercial, industrial and institutional; as per Ontario Provincial Standard Drawing (OPSD) 350.010.
  4. The calculation of driveway width shall apply at the lot line and additionally where the driveway meets the travelled portion of the road.
  5. Notwithstanding item 3 of this section; one walkway access material may be connected to the side of a driveway. The maximum width of the walkway access at the point of attachment shall be 1.8 metres. The walkway shall terminate at the municipal sidewalk (private side) or property line if there is no sidewalk. No additional curb cut will be allowed for a walkway.
  6. Driveway banding curbs are allowed on either side of a driveway. Please see further information below in the Culverts, Curb, Curb Depressions and Curb Cuts section.
  7. Rural entrances shall have a minimum platform width of 6 metres.

Driveway setbacks

  1. A driveway crossing a frontage lot line on a corner lot or through a corner lot shall be located a minimum of 15.0 metres from the point of intersection of the front and flankage lot lines or where the lot lines do not intersect the point of intersection of the projection of the front and flankage lot lines, measured along all points of the driveway.
  2. Should the lot not be wide enough for the provisions in item 1 of this section; the following calculation applies: Measured from the inside lot line, the required inside setback, plus the width of the driveway, plus 1metre.
  3. On the Town or Regional road allowance (off private property), driveway aprons cannot cross the projection of the side lot line where it intersects the surfaced edge of the road.

Circular driveways

  1. The maximum cumulative width of the driveway entrances, measured at the point of crossing the property line (front or flankage) shall be 9.0 metres.
  2. The separation distance between two driveway entrances on the same lot that cross the same lot line, measured at the property line, shall be a minimum of:
    1.  9.0 metres if the driveway has access to an arterial road or to a collector road that is within 75.0 metres of an arterial road; or,
    2. 15.0 metres if the driveway has access to a local road or a collector road that is greater than 75.0 metres from an arterial road.
  3. Circular driveways shall meet the requirements of the Zoning By-law for hard surface coverage.

Culverts, curb, curb depressions and curb cuts

  1. In ditched right-of-ways, driveway culverts are required, other than at highpoints. All culverts shall be new; corrugated/ ribbed steel, PVC “Big O” or HDPV pipe; diameter and length to be specified on the permit.
  2. Culverts shall be backfilled with a minimum compacted base of 150 mm of 19 mm limestone and cover of 300 mm of 19 mm limestone.
  3. Driveway side slopes should be graded to a maximum of 3:1 from the entrance platform to the ends of the culvert invert at the bottom of the ditch with 100 mm topsoil and sodded. Headwalls may also be approved at the Town’s discretion.
  4. The municipal sidewalk and roadway curb shall be continuous through all driveways, except in instances where the driveway operates as part of a signalized intersection.
  5. Curb depressions/ cuts are to be the same width as the driveway, as indicated in the Driveway Width section of this procedure.
  6.  All driveway banding curbs shall:
    1. be set flush with the top of the sidewalk elevation within 300 mm, either side of the sidewalk.
    2. on an urbanized roadway, be set flush with the top of roadway curb elevation where the driveway curb connects to the municipal curb along the edge of roadway.
    3. on a rural roadway, terminate at the start of the shoulder area or a minimum of 1.0m back from the edge of pavement (where shoulders are less than 1.0m in width) and be tapered over a distance of 300mm prior to the termination point so as to avoid blunt terminations.
  7. For installations/alterations of residential driveways, curb cutting may be permitted where an approved curb cutting contractor is used.
  8. New or modified driveways for commercial, industrial and institutional properties shall include 2 continuous 15m rebar the full width of the driveway and extend 1.0m beyond on either side. Where there is existing curb, it shall be removed and replaced, not cut.

Driveway surface, materials and construction

  1. All driveway aprons constructed within the Town’s urban right of ways shall be surfaced with a hard homogenous surface material such as; asphalt, concrete, interlocking bricks, etc.
  2. Driveway aprons in North Oakville (North of Dundas Street) shall be concrete as per Town standards.
  3. All topsoil within the limits of a proposed access/ widening, from the edge of the existing shoulder or curb to street line shall be removed and disposed of by the applicant.
  4. Compacted granular base for a residential driveway within the right-of-way shall be 150mm (6”) min. of Granular “A” or 19mm limestone crusher run.
  5. Compacted hotmix asphalt for a residential driveway shall be 75mm (3”) min. Other materials may be used as approved
  6. Fencing, gates, curb, pillars, headwalls, etc. shall not be constructed or installed in the right-of-way unless approved by the Town.

Impacts to municipal trees

All trees located within the municipal right of way are governed by the Town Tree Protection By-law, as amended. No municipal trees can be removed or impacted/ injured without approval from the Parks Forestry and a Municipal Tree Encroachment Agreement.

Insurance and security

  1. Where a permit for a driveway is issued, securities are required to secure for the protection of municipal property, including but not limited to the road surface, curb, sidewalk, etc. The required securities, as determined by the town shall be held by the town until all works have been completed and inspected by the Town.
  2. Where a contractor is employed to construct or modify a driveway, a copy of the contractor’s insurance certificate is required with the Town of Oakville as identified as co-insured.
  3. Before receiving a driveway permit, the applicant shall agree in writing to indemnify fully and save harmless the Town of Oakville, its officers, agents and employees from and against any and all actions, claims, demands, damage, loss or expense whatsoever arising from or incidental to the issuing of such permission, for the installation/alteration of any part of the municipal right of way in any respect whatsoever necessary to provide the permitted driveway.

The terms and conditions placed on the permit shall be at the discretion of the Director of Development Engineering.

Definitions

Abandoned Driveway: for the purpose of this procedure means, a driveway that no longer serves to connect a private property to the travelled roadway by virtue of the fact that the driveway surface has been removed and/or the private property has been altered such that a vehicle cannot fully enter onto the private lands and/or alternate means of access has been approved.

Alteration: for the purpose of this procedure means, the actions of removal, replacement, widening, narrowing, or abandoning.

Director of Development Engineering: for the purpose of this procedure means, the Director of Development Engineering or designate.

Driveway: for the purpose of this procedure means, an access within the municipal right of way facilitating or supporting vehicular travel (continuous, intermittent or temporary) between the travelled roadway and a private property.

Responsibilities

The Permits and Inspections section of Development Engineering is responsible for ensuring compliance, maintenance, interpretation of the procedure and the associated policy.

Procedure details

Procedure Number: MS-PER-004-003
Parent Policy: MS-PER-004
Section: Municipal Services
Sub-Section: Permits
Author: Development Engineering
Authority: CAO
Effective Date: 2009 Jun 29
Last Modified: 2017 May 01
Review by Date: 2022

References

Municipal Right of Way By-law
Municipal Right of Way Activity Permit By-law
Zoning By-law
MS-PER-004-001 Excavation and Temporary Occupation Permit Procedure
Driveway Permit Application Form
Town Tree Protection By-law