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 Site Alteration By-Law, as amended, or Planning Applications.

Scope

This procedure applies to 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 Transportation and Engineering Department and shall comply with all applicable by-laws, policies, procedures and regulations. 

1. Application for a permit

1.1 Requests/ applications for driveway permits must be made not less than ten (10) business days in advance of the proposed installation/alteration date. 

1.2 All permit applications shall include information as requested from the Director, in the prescribed format, including, but not limited to any or all of the following:

  1. completed application in the form prescribed by the Director;
  2. the applicable permit fee(s) as set out in the town’s current rates and fees schedule;
  3. a detailed scalable plan showing:
    1. the existing and/or proposed driveway location(s);
    2. all existing topographical features, grades, all property boundary lines for the serviced lot;
    3. street names, municipal addresses and a north arrow depicting true north;
    4. 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;
    5. curb modification (cut, removal, fill, and replacement) lengths;
    6. culvert installation or replacement, including length, diameter and material; and
    7. above and underground utility and service locations;
  4. a security deposit in the form and amount acceptable to the Director representing the potential cost to repair any and all damages associated with the permitted driveway apron installation or alteration;
  5. a valid town Business Licence number for the contractor doing the driveway installation or alteration work.  A certificate of general liability insurance with the town named as a Certificate Holder is required from the business in accordance with the Town’s Business Licensing By-law, as amended; 
  6. if required by the Director, a letter stating that the applicant agrees 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, the occupation, excavation, or construction of any part of the road hereunder, or in a form satisfactory to the Director; and
  7. a traffic management plan in accordance with Book 7 Temporary Conditions of the Ontario Traffic Manual, where required by the Director.
1.3 To support the driveway permit application, for proposed commercial/industrial and multi-residential driveway entrances, a town approved traffic safety and impact study through the planning application process may be required to determine if the proposed driveway(s) 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(s);

1.4 A minor Temporary Street Occupation (TSO) permit may be required for the driveway installation / alteration work should storage of materials / equipment be required in the right of way.

1.5 A major Temporary Street Occupation (TSO) permit may be required for driveway installation / alteration work should the driveway be located on a non-local road. 

1.6 An Arborist report and/or a Tree Protection Zone Encroachment Permit (TPZEP), if municipal town trees may be impacted; and

1.7 Any additional permits that may be required from other town departments.
 

2. Permit regulations

2.1 General regulations
  1. No one shall install or modify an entrance/driveway in the municipal right of way without obtaining the necessary permit(s) and comply with all applicable by-laws, policies, procedures and regulations.
  2. All work must be completed within one year of permit issuance, or the permit will lapse and be revoked.
  3. 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 to the Right of Way Management Section of the Transportation and Engineering Department prior to commencing work.
  4. All driveways within the municipal right of way shall connect to a driveway within a private lot to provide access / egress to private property.
  5. 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. 
  6. 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 right of way.
  7. 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.
  8. 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.
  9. All risk, responsibility and expense associated with any driveway / driveway apron located on any municipal right of way is the responsibility of the serviced property owner.
  10. 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. The cost of such removal and reinstatement work shall be at the sole expense of the property owner.
  11. The Director may direct the removal or alteration of any driveway apron, including any abandoned driveway apron, which has not been:
    1. permitted;
    2. installed or altered in accordance with the permit issued, or
    3. maintained in a good service condition.
  12. Where the permit holder fails to comply with the conditions of the permit, the Director shall give verbal notice to the permit holder, specifying actions to be taken, which the permit holder must perform. 
    1. The verbal notice shall be confirmed in writing and served on the permit holder by registered mail to the permit holder’s address as stated on the application form or personally by hand.
    2. If the permit holder does not act within the time prescribe in the written notice, the Direct may order the work to be done at the permit holder’s expense.
    3. All costs incurred by the town in performing such work shall be invoiced to the property owner serviced by the driveway apron with an administrative fee of 50%.
    4. Failure to pay the invoice will result in the costs being deducted from any permit security.
    5. Should there be no/inadequate securities, costs may be added to the tax roll of the property owner and collected in the same manner as taxes.
  13. The town reserves the right to alter or close (temporarily) any driveway apron with advance notice except in the case of unplanned emergency work where appropriate notice cannot be reasonably given. 
    1. This right also extends to authorized service providers (utilities) operating within the municipal right of way.
    2. Any work which requires the disruption of an existing driveway apron 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.
    3. The limit of reinstatement shall be the disturbed portion of the driveway apron.
  14. The terms and conditions placed on the permit shall be at the discretion of the Director.
  15. A permit is not required for re-surfacing an existing driveway apron without any additional alteration.
  16. A driveway permit will not be issued for driveway apron alteration within unassumed right of way.  Said application shall be submitted by the developer responsible for the right of way construction through the planning application.
  17. Residential driveway aprons in North Oakville (North of Dundas Street) shall be concrete as per town standards drawing 10-3, as amended, and shall not be installed or altered except by the developer responsible for the right of way construction through a planning application, or by the town after assumption.
  18. Fencing, gates, curb, pillars, headwalls, etc. shall not be constructed or installed in the right of way unless approved by the town.
2.2 Driveway geometry and design standards
  1. No driveway shall meet the travelled portion of the right of way at an angle of less than 70 degrees.
  2. Driveway aprons shall have a slope between:
    1. one per cent minimum and seven per cent maximum for low density residential; and
    2. one per cent minimum and five per cent maximum, for multiple residential, commercial, industrial and institutional. 
  3. Where the driveway apron meets the travel portion of the right of way, there shall be no flares resulting a width greater than the driveway apron.
  4. Any transition between the width of the driveway on private property to the width of the driveway apron shall be located on private property with a gradual transition of not greater than 45 degrees, and that the driveway apron shall have a constant width within the municipal right of way.
  5. Negative driveway apron slopes are not permitted and are discouraged on private property due to storm water and drainage issues.
2.3 Maximum number of driveway aprons
  1. For residential lots, a maximum of one driveway apron per lot is permitted. The driveway may cross a front lot line or flankage lot line (but not both lot lines) 
  2. Notwithstanding subsection 2.3 a) of this procedure, one driveway apron per dwelling is permitted on a block designated for semi-detached, townhouse, back-to-back townhouse and duplex dwellings.
  3. Notwithstanding subsection 2.3 a) this procedure, where a residential circular driveway is proposed and meets the criteria set out in section 2.6 of this procedure, a second driveway on the same frontage or flankage is permitted. 
  4. For commercial, industrial and institutional properties the number of driveways aprons shall be approved through the site plan application process.
2.4 Driveway apron width
  1. Triple (three car) width driveway aprons for residential properties may be permitted only for sites with appropriate zoning and that have a legal three car garage structure in place.
  2. The minimum width of a driveway apron shall be 3 metres.
  3. Notwithstanding subsection 2.4 a) of this procedure, the minimum width of a driveway apron where a detached private garage is provided in a rear yard shall be 2.4 metres.
  4. The maximum width of a driveway apron within the municipal right of way shall be:
    1. No garage or Single-Car Garage - 3.5 metres, Double-Car Garage - 6.5 metres, Triple-Car (or more) Garage - 9 metres, for low density residential;
    2. 7.5 - 9 metres, for multiple residential;
    3. As per Ontario Provincial Standard Drawing (OPSD) 350.010 for commercial, industrial and institutional;.
  5. The measurement of driveway apron width shall apply at the lot line and  where the driveway meets the travelled portion of the road.
  6. Driveway edging are allowed on either side of a driveway. Refer to Section 2.7 of this procedure for further information.
  7. Rural driveway aprons shall have a minimum width of 4 metres, with minimum 3:1 side slopes.
2.5 Driveway apron setbacks
  1. No driveway apron shall be within 1 metre of an interior side lot line.
  2. A driveway apron at, a frontage lot line on a corner lot shall be located a minimum of 15 metres, measured from the point of intersection of the front; and flankage lot lines, to the edge of the driveway apron .
  3. Should the lot not be wide enough for the provisions in subsection 2.5 b) of this procedure, the required setback from the inside lot line is 1 metre  Only a single curb cut is permitted in this provision.
  4. On the town or regional right of way, driveway aprons cannot cross the projection of the side lot line where it intersects the surfaced edge of the road.
2.6 Circular driveways 
  1. The maximum cumulative width of the driveway aprons on the same lot that cross the same property line shall be 9 metres, measured at the property line.
  2. The separation distance between two driveway aprons on the same lot at the same property line, measured at the property line, shall be a minimum of:
    1. 9 metres, if the driveway has access to an arterial road or to a collector road that is within 75 metres of an arterial road; or
    2. 15 metres, if the driveway has access to a local road or a collector road that is greater than 75 metres from an arterial road.
  3. Circular driveways shall meet the requirements of the Zoning By-law for hard surface coverage.
2.7 Driveway aprons at ditch rights of way
  1. In ditched rights of way, driveway culverts are required, except at highpoints. All proposed culverts shall be new, corrugated / ribbed steel, PVC “Big O” or HDPV pipe,; with diameter and length specified on the permit drawing. 
  2. Culverts shall be backfilled with a minimum compacted base of 150 mm depth of 19 mm limestone and cover of 300 mm depth of 19 mm limestone.
  3. Driveway apron side slopes should be graded to a maximum of 3:1 from the top of driveway apron to the ends of the culvert invert at the bottom of the ditch with 100 mm deep topsoil and sodded. The use of headwalls may be approved at the Director’s discretion.
  4. Culverts may extend beyond the bottom of the 3:1 slope or the face of headwall a maximum of 300 mm on either side.  The end of driveway culvert must be offset from the side property line projection by a minimum of 600 mm.
2.8 Curb depressions, curb cuts and edging at a driveway apron
  1. 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.
  2. Curb depressions/ cuts are to be the same width as the driveway, as indicated in the Driveway Width section of this procedure.
  3. All driveway apron edging shall:
    1. be inclusive of the approved driveway apron width;
    2. match the top of the sidewalk elevation within a distance of 300 mm of either side of the sidewalk;
    3. on an urbanized roadway with curb and gutter, be set flush with the top of roadway curb elevation where the driveway apron edge  meets the municipal curb along the edge of roadway;
    4. on a rural roadway, terminate at the start of the shoulder area or a minimum of 1.0 metre back from the edge of pavement (where shoulders are less than 1.0 metre in width) and be tapered over a distance of 300 mm prior to the termination point so as to avoid blunt terminations; and
    5. be included as part of the total permitted width of the driveway apron.
  4. For installations/alterations of residential driveway aprons, curb cutting must be carried out by a Town licensed contractor.
  5. New or altered 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.
2.9 Driveway apron surface, materials and construction
  1. All driveway aprons constructed within the town’s urban rights of way shall be surfaced with a hard homogenous surface material such as asphalt, concrete, interlocking bricks, etc. 
  2. All topsoil within the limits of a proposed driveway apron, from the edge of the existing shoulder or curb to property line shall be removed and disposed of by the applicant.
  3. Compacted granular base for a residential driveway within the right-of-way shall be 150mm (6”) minimum depth of Granular “A” or 19mm limestone crusher run.
  4. Compacted hotmix asphalt for a residential driveway shall be 75mm (3”) minimum deep. Other materials may be used as approved.
2.10 Impacts to municipal trees 
  1. All trees located within the municipal right of way are governed by the Town Tree Protection By-law, as amended.
  2. No municipal trees can be removed or impacted or injured without approval from the Parks Forestry and a Tree Protection Zone Encroachment Permit (TPZEP). 

3. Owners’ regulations

3.1 Every owner shall:
  1. perform routine maintenance on the driveway apron that services their property so as to maintain it in a good and safe condition;
  2. maintain culverts and elements that support their driveway apron in a good and safe condition;
  3. remove any abandoned driveway aprons and reinstate the right of way to the satisfaction of the Director. The cost of such removal and reinstatement work shall be at the sole expense of the owner;
  4. not use the portion of the driveway apron except for access and egress to the owner’s property unless the necessary permit(s) are obtained.

Definitions

For the purpose of this procedure,

Abandoned Driveway, means a driveway apron 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 the driveway apron no longer connects to a driveway or parking area on the private lands, and/or alternate means of access has been approved.

Alteration, means the actions of removal, replacement, widening, narrowing, or abandoning.

Arterial Road is as defined on the Town’s Road Classification Map.

Collector Road is as defined on the Town’s Road Classification Map.

Director, means the Director of the Transportation and Engineering Department of the Town of Oakville or their designate.

Driveway or Driveway Apron, 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. 

Local Road is as defined by Schedule C of the Town’s Transportation Plan within the Oakville Official Plan.

Non-Local Road, means not a local road.

Re-surfacing (of a driveway apron), means replacement of the surface material of a driveway apron, without excavation, alteration, and/or replacement of bedding materials.

Town, means the Town of Oakville.

Responsibilities

The Road Corridor section of the Transportation and Engineering department is responsible for ensuring compliance, maintenance, interpretation of the procedure and the associated policy. Where the driveway installation or alteration is part of a site alteration permit or planning application, the Planning and Development department and the Inspections section of the Building Services department are responsible for compliance of this procedure.

References

Use of Municipal Right of Ways Policy
Municipal Right of Way By-law 2024-002, as amended
Excavation Permit Procedure
Temporary Street Occupation Permit Procedure
Town Tree Protection By-law
Ontario Traffic Manual

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