Curb cuts are regulated in the Town of Newmarket to ensure:
- Compliance with the Zoning By-laws
- Safe distances from street infrastructure (hydro boxes, hydrants, streetlights)
- Protection of Town-owned trees
- Driveways must be a minimum of:
- 0.6m away from an adjacent property line
- 1.5m away from any street infrastructure
- A sufficient distance from any Town-owned tree to prevent injury. This will vary depending on the size of the tree, and is at the discretion of the Town's Supervisor of Forestry.
- For more complete information and to find the width your driveway is permitted to be consult the Town's zoning by-law at www.newmarket.ca/zoning.
- You must provide a plan for your property that clearly illustrates, only in metric:
- Existing driveway width
- Proposed driveway width
- Width between sidewalk and curb
- Property lines
- Any trees, utilities, streetlights, hydro poles, or other fixtures and measurements from all of these to your proposed driveway and property lines, measured in metres
- All applications for curb cuts will be sent to the Planning Division to ensure requested widths comply with the applicable zoning by-law.
- All curb cuts must be approved and the Town of Newmarket's contractor will complete the construction.
- It is the applicant's responsibility to submit an application in full. Partially completed applications will not be accepted.
- The application fees must be paid in full prior to any cut being initiated. The applicant will be responsible for any extra costs, if applicable (see below for details).
- Curb cuts will not be permitted within 0.6 metres of the property line.
- A minimum of 1.5 metres must be maintained from the proposed curb cut to any above ground structures (i.e. trees, utility boxes, hydrants, etc.).
- Distance from street trees should be discussed with Town's Consulting Arborist. The size of the tree determines the size of the Tree Protection Zone.
- Second driveways are not permitted by the zoning by-law. A minor variance application to the Committee of Adjustment may be possible. (Note: current zoning by-law permits circular driveways under limited circumstances.)
If you wish to widen your driveway, please follow the necessary steps below:
- Prepare a drawing using a copy of your property survey. The property survey or drawing must show the existing driveway width in metres as well as the proposed width you wish to widen to as well as location of trees, utility boxes, street signs, light posts, sidewalk and dimension of curb to property line (must greater than 0.6 metres).
- Fill out an application form in person at the Customer Service department at Municipal Offices or send your application to email@example.com. Application forms will then be sent to the Planning department to determine if the proposed curb cut length adheres to the Zoning By-law.
- Once the application has been deemed complete, and the proposed curb cuts comply with the Zoning By-law, the municipality will investigate the site to determine wehether adjustments to the existing sidewalk are required. The Town's inspector will also review other potential conflicts including, but not limited to utility infrastructure (e.g. telecommunications pedestals, hydro poles, etc) and street trees that could potentially compromise driveway widening. If no conflicts exist, the Town's inspector will mark the limits of the proposed widening with paint in preparation of the contractor's visit. This process usually takes two to three weeks.
- The fee paid in consideration of the curb cut application is strictly to cover the curb cut only. Any additional fees required to move/adjust infrastructure (e.g. move pedestals, move hydro poles, complete sidewalk reconstrution, etc) is not included with the curb cut fee and will be the sole responsibility of the applicant.
- The Town will contact you to advise you of the outcome of your application.
Please note, curb cut requests in new or 'un-assumed' subdivisions are not approved through this process. Homeowners are asked to wait until their subdivision has been assumed by the Town, before they apply for a curb cut. Alternatively, homeowners can contact their builder and request the curb adjustment.
Fees for driveway widening
If your application has been approved, the fee will be $336.66 including HST in accordance with the Town's Fees and Charges By-law.
Telecommunications and Hydro Infrastructure
Homeowners are responsible for making arrangements with the respective telecommunications companies and/or Newmarket-Tay Hydro should conflicts exist with their proposed driveway widening. For additional information, conditions of approval and associated fees for moving utility infrastructure within the municipal right-of-way, please contact the appropriate party.
Sometimes, certain conditions will require sidewalk reconstruction. If this is the case, homeowners can choose to either use the Town’s sidewalk contractor or hire their own contractor, since scheduling the Town’s sidewalk contractor is often difficult and may delay the project.
If the homeowner decides to utilize the Town’s sidewalk contractor, the estimated cost for the sidewalk reconstruction will be provided to the homeowner. Please note that scheduling of the sidewalk contactor is completed by a third party and the Town of Newmarket cannot provide an exact timeframe for sidewalk reconstruction.
Should the homeowner choose to hire their own contractor to reconstruct the sidewalk, the homeowner’s contractor must first obtain a Road Occupancy Permit (ROP) before starting any work in the municipal right-of-way. The contractor will be required to reconstruct the sidewalk to the applicable Town Standards.
In order to avoid creating a public health and safety hazard, the scheduling of the curb cut and the scheduling of the sidewalk reconstruction must occur in close succession to one another, with the curb cut occurring first. It is the homeowners responsibility to coordinate these activates. The Town of Newmarket requires a minimum of seventy-two (72) hours notice in order to arrange a time for the curb cut contractor to visit and complete the curb cut.