Entrance and Driveway Width Extension By-Law 2017-78

A by-law to regulate the installation of the entrances from highways under the jurisdiction of the Town of Bradford West Gwillimbury.

1.1 In this By-law, the following words have the following meanings:

Boulevard means the portion of the highway between a street line and the back edge of the curb, or where there is no curb, that portion of the highway which is travelled or designated to be travelled by vehicles. (Added by By-law 2023-49)

Contractor means any person alone or with others undertaking construction on a property or a highway on behalf of a permit holder or owner.

Culvert means a structure or pipe that allows water to flow under a road, private entrance, railroad, trail or similar obstruction within a municipal highway. (Added by By-law 2023-49)

Curb refers to the raised concrete barrier installed along the edge of a roadway to provide physical separation between the road and the boulevard and to direct storm drainage towards the street catch basins and includes curb depressions.

Curb Depression or Curb Cut refers to the part of the curb that dips down to match the surrounding grade of the road or sidewalk to provide step-free access to pedestrians or to allow vehicles to enter/exit a driveway or parking lot.

Director means the Director of Community Services for the Town or designate.

Ditch means a swale or channel constructed within the boulevard which runs adjacent to the travelled portion of a highway and is built to drain the road bed and runoff from the road surface. (Added by By-law 2023-49)

Driveway means a private road, surfaced with gravel, brick, concrete, asphalt or any combination thereof, connecting a house, building or garage to a municipal highway.

Driveway apron means the portion of driveway within the Town owned road allowance that extends from the back of the curb to the residential property line.

Driveway Width Extension means to expand, extend, enlarge or make wider, any existing driveway or entrance.

Entrance means a public or private roadway, driveway, sidewalk, footpath or easement, gate structure or any facility constructed or used as a means of ingress and egress to and from any highway. (Added by By-law 2023-49)

Entrance, Commercial means an entrance from a commercial or industrial establishment of any kind, and includes an entrance to an apartment house or multiple- family dwelling servicing more than four (4) dwelling units.

Entrance, Residential means an entrance from a private residence, a private farm, or multiple-family dwelling servicing four (4) or less dwelling units, and it used primarily by the persons living on the property, or in the case of vacant agricultural land, the owner.

Garage Door means the width of the garage door opening(s), which is used for vehicular access. Where there is more than one opening, the garage door width shall be the distance between the two outer extremities of the garage door opening(s), including any intervening columns, doors, windows or wall sections which might
separate two or more garage door openings. (Added by By-law 2023-49)

Highway includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof.

In-fill means the placement or deposit of any material within a ditch, including but not limited to soil, stone, concrete, construction debris/rubble, topsoil, sod, concrete or asphalt, or the installation of culverts, French drains or pipes, for the purpose of altering or eliminating a roadside ditch. (Added by By-law 2023-49)

Landscape or Construction Material includes but is not limited to gravel, soil, sod, bricks, and paving stones, landscaping rocks, wooden planks or boards.

Occupant means a lessee, tenant, mortgagee in possession or any other person who appears to have care and control of any property.

Officer includes an employee of the Town who has been appointed by by-law to enforce the provisions of Town by-laws and a member of South Simcoe Police Service.

Owner means the registered owner, occupant, lessee, tenant, mortgagee in  possession and/or the person in charge of the property. (Added by By-law 2023-49)

Permit means the form of approval or permission that is issued for Entrance applications, and any other permission issued under this by-law.

Person a natural person, association or organization, firm, partnership, private club, contractor, corporation, owner, individual, agent or trustee and their heirs, executors, assigns, administrators, or other legal representatives of a person, association, firm, partnership or private club of a person to whom the context can apply according to the By-law.

Street Furniture includes, but is not limited to, benches, garbage containers, hand rails, tables, and posts, and any other above ground appurtenance that is owned by the Town and includes any public utilities. (Added by By-law 2023-49)

Town means The Corporation of the Town of Bradford West Gwillimbury.

2.1   The Town and the County of Simcoe are not required to obtain a permit under the provisions of this
         by- law.

2.2   Notwithstanding section 2.1, the above agencies shall comply with the requirements of the Ministry of
        Transportation Traffic Control Manual for Roadway Operations, as may be amended or replaced from time
        to time. 

Permit Administration 

3.1   A person may apply for a permit under this by-law if the person:

      3.1.1   completes an application for the permit on the forms as provided by the Director,

      3.1.2   submits the application along with the applicable fees and charges as provided for in the Fees &
                 Charges By-law; and,

      3.1.3   provides any documentation, deposit or security or insurance certificates, as required by the
                 Director as prerequisites and requirements for the issuance of the permit.

3.2   The issuance of a permit under this by-law does not relieve any person from the necessity of acquiring
        any other license or permit or complying with any other applicable laws, by-laws, regulations and
        requirements of other governmental authority.

3.3   A permit is the property of the Town and is not transferable unless otherwise authorized by the Director.

3.4   Every applicant shall post with the Town the required deposit or security, by way of certified cheque, debit
        card, or letter of credit, in a form satisfactory to the Town.

Permit Requirements

3.5   No permit holder shall fail to comply or ensure compliance with all provisions and conditions of the permit
        and this by-law.

3.6   A permit holder shall provide and maintain a contact phone number that the Director or an Officer may
        reach the permit holder at all times.

3.7   Failure to comply with any provision or condition of a permit or this by-law may result in the immediate
        revocation of the permit by the Director, in addition to any other enforcement proceedings against the
        permit holder as permitted by law.

3.8   When a permit is revoked, written notice shall be issued to the permit holder as soon as practicable.
        Revocation may be given verbally and followed up in writing.

3.9   The permit holder of a revoked permit shall immediately cease or ensure the immediate cessation of all
        the activities for which a permit has been issued upon revocation of the permit under subsection 3.7.

3.10   Every permit holder and every owner and occupier of land shall forthwith rectify damaged conditions
         and reinstate the highway to its original condition, to the satisfaction of the Director.

3.11   Every permit holder and every owner and occupier of land shall provide all signs, barricades, traffic
         control devices, flag persons, and other persons and equipment required by the Director.

3.12   Every permit holder shall maintain or provide alternate access to all private and public properties during
          any highway closure and occupancy.

Administration and Interpretation

3.13   The Director shall be responsible for the administration of this by-law.

3.14   Unless the context otherwise requires, words importing the singular shall include the plural, and words
          importing the masculine gender shall include the feminine.

3.15   The headings inserted in this by-law are for convenience only.

4.1   Any Owner or Person requiring a new entrance or proposing to relocate an existing entrance from a
        highway under the jurisdiction of the Town are required to obtain a Permit from the Director.
        (Replaced by By-law 2023-49)

4.2   The Director must approve the location of proposed entrances prior to the installation of same.

4.3   Only one entrance is permitted along the frontage of lots having a frontage of less than 36 metres.

4.4   No entrances are permitted so as to provide access to the exterior flankage of a corner lot unless the
        flankage of the property is more than 100 metres.

4.5   No entrances are permitted so as to provide access to rear of a through lot unless the frontage of the lot
        is greater than 40 metres and the flankage is greater than 100 metres.

4.6   The maximum width of an entrance within the road allowance shall be:

     4.6.1     In the instance of a single car garage, the width of the garage door plus 1.5 metres, as defined by
                  the Town’s Zoning By-law, as amended, whichever is the lesser.

     4.6.2     In the instance of a garage door width of 3.6 metres or less shall be 5.5 metres as defined by the
                  Town’s zoning By-law, as amended, whichever is the lesser.

     4.6.3     Where there is no attached or detached private garage, the maximum width shall be 5.5 metres;
                  and (Added by By-law 2023-49)

     4.6.4     Where the entrance provides access to Agriculturally zoned lands, the maximum width shall be 9.0
                  metres, unless otherwise approved. (Added by By-law 2023-49)

4.7   In the case of a new entrance over a ditch, a culvert shall be provided and installed by the Owner in
        accordance with Town standards, at the Owner’s  expense. The diameter, gauge and length of a culvert
        shall be determined by the Director. (Replaced by By-law 2023-49)

4.8   Notwithstanding 4.7, the Director, at his sole discretion, may require the submission of a culvert design
        prepared by a qualified professional Engineer for review and approval. Such design shall be provided by,
        and at the expense of the Owner.

4.9   In the case of new entrances where a roadside ditch does not exist and an entrance culvert is not
        required or in the case of widening, altering or relocation of an existing entrance, the work shall be
        carried out by and at the expense of the applicant and shall be subject to the approval of the Director.

4.10   Where the Director deems that an existing entrance and or culvert within the road allowance requires
          replacement or rehabilitation as part of a Town project, such work shall be carried out by and at the
          expense of the Town.

4.11   Roadside ditches shall not be obstructed in any way and any improvements desired for lawn purposes
          are subject to the approval of the Director and shall be considered as an entrance way and shall not be
          undertaken except in conformance with this by-law and shall not be undertaken until a permit has been
          issued by the Director.

4.12   The Town has the right to maintain, replace, construct and reconstruct, from time to time as required,
          all culverts on roads under its jurisdiction. The maintenance of the driving surface of the driveway is the
          responsibility of the owner and must conform at all times to Town requirements.

4.13   Where a driveway, driveway apron and/or curb is removed in whole or in part as a result of a road
          rehabilitation or reconstruction project being undertaken by the Town, the driveway, driveway apron
          and/or curb shall be reinstated to match the materials and dimensions existing prior to construction.
          Such work shall be carried out by, and at the expense of, the Town. (Replaced by By-law 2018-34)

4.14   The Town reserves the right to return any existing driveway apron or curb depression to the maximum
         allowable width as set out in Section 4.6 of this By-law where the existing driveway apron, or curb
         depression width: (Replaced by By-law 2018-52)

     4.14.1     Adversely impacts on-street parking; (Added by By-law 2018-52)

     4.14.2     Interferes, impedes or obstructs surface drainage or causes additional ground
                   water to be discharged onto adjacent properties; (Added by By-law 2018-52)

     4.14.3     Interferes, impedes or obstructs surface drainage or causes additional ground water to be
                   discharged onto adjacent properties; (Added by By-law 2018-52)

     4.14.4     Does not provide suitable sightline clearance into the municipal road allowance or creates
                   potential safety risk for motorists, pedestrians or municipal maintenance staff; (Added by By-law
                   2018-31)

     4.14.5     Interferes with the ability of adjacent property owners from undertaking a driveway width
                   extension in accordance with the provisions of this By-law. (Added by By-law 2018-31)

4.15   The applicant and/or owner of the property which fronts on a Town highway where drainage ditches are
          provided, shall be responsible for the maintenance and replacement of their driveway culvert and/or
          head walls and other end protection.

4.16   The Owner of a property serviced by an entrance from a Town highway shall be responsible for
          maintaining the surface of each entrance from the property line to the travelled portion of the road. This
          includes all costs associated with the repair of cracking, heaving or settlement.

4.17   No Owner or Person shall obstruct, modify, alter or in-fill any ditch.

     4.17.1     No modifications or alterations to a ditch are permitted, unless in accordance with a Permit issued
                   by the Director. (Added by By-law 2023-49)

4.18   No Owner or Person shall cut, modify, damage or alter an existing curb or curb depression unless
         explicitly approved by the Director. (Added by By-law 2023-49)

4.19   Notwithstanding any provision of this By-law, where a modification to an existing curb or curb
          depression is required as part of a site plan approval, a plan of subdivision or under the authority of the
          Planning Act, R.S.O. 1990, c. P. 13, as amended, the modification shall not exceed the maximum
          allowable width as provided in the Town’s Zoning By-law, as amended. (Added by By-law 2023-49)

Entrances

5.1   No person shall cause or permit the enlarging, relocating, or altering existing entrances to their property
        from a highway under the jurisdiction of the Town without having first obtained an entrance permit.

5.2   No person shall construct, extend or alter an entrance or install or extend a culvert pipe within a highway
        under the jurisdiction of the Town without the Owner first receiving a permit issued by the Director.

5.3   No person shall pave that portion of an existing entrance on the highway until such time as a permit has
        been issued by the Director. All work shall be carried out in accordance with the Town terms and
        conditions at the expense of the owner.

Driveway Width Extension 

5.5   No person shall extend, alter or modify the width of an existing driveway within a highway under the jurisdiction of the Town without the Owner first receiving a permit issued by the Director;

5.6   No person shall construct, extend, alter or modify an existing entrance within he Town except in
        accordance with applicable zoning by-laws, as amended; (Deleted by By-law 2023-49) 

5.7   No person shall alter a driveway entrance within a highway that has not yet been assumed by the Town
        without the approval of the Director of Development and Engineering Services; (Deleted by By-law 2023
        49)

5.8   No person shall cut, extend, modify or alter an existing curb where it has been deemed by the Town that
        on-street parking requirements may be adversely affected;

5.9   No person shall place or install any material within the boulevard, including but not limited to asphalt,
        concrete, stone, rock, interlocking pavers, gravel, or brick, where such material has been deemed by the
        Town to be a driveway width extension, or part of a driveway width extension, except in strict accordance
        with the provisions of this by-law and the permit issued by the Director;

5.10   No person shall construct a new entrance or extend or modify an existing driveway, and no permit will
         be issued for the construction, extension, modification or alteration of a driveway where:

     5.10.1     On-street parking is adversely impacted;

     5.10.2     The proposed work will interfere, impede or conflict with existing onstreet hardware including fire
                    hydrants, boulevard trees, street signs, utility boxes and vaults, hydro or street/traffic light
                    poles;

     5.10.3     The proposed work will interfere, impede or obstruct surface drainage or cause additional ground
                    water to be discharged onto adjacent properties;

     5.10.4     Suitable sightline clearance is not provided into the municipal road allowance;

     5.10.5     The work does not comply with Town standards and/or applicable zoning by-laws, as amended.

Work Required by the Town

6.1   The Town maintains it rights to enter onto any portion of highway to undertake any work required.

Enforcement

6.2   Officers are hereby authorized and empowered to enforce the provisions of this by-law.

Inspection

6.3   Officers and persons under their direction may at any reasonable time enter onto any lands within the
        Town to determine if the provisions of this by-law are being complied with or may enter onto any lands
        within the Town to carry out the remedial actions required to bring the property into conformity with the
        by-law.

6.4   Every person or owner holding a permit under this By-law shall carry such permit with him or her when
        engaged in the occupation for which the permit is issued, and every person or owner holding a permit
        shall, when requested by anyone authorized to enforce this By-law produce the permit for inspection.

Obstruction

6.5   No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a
        power or performing a duty under this by-law.

Enforcement

6.6   No person shall fail to comply with an order issued pursuant to this by-law.

6.7   If an Officer is satisfied that a contravention of this By-law has occurred, the Officer may issue an order
        requiring the work to be done to correct the contravention.

6.8   If an Officer or Director has reasonable grounds to believe that a contravention of this By-law has
        occurred, the Officer may make an order requiring the person, contractor, or permit holder who
        contravened the By-law, or who caused or permitted the contravention, to discontinue the contravention.

6.9   An order issued under the authority of this By-law shall set out:

     6.9.1     The location on which the contravention occurred;

     6.9.2     The date of the contravention;

     6.9.3     The reasonable particulars of the contravention of the By-law;

     6.9.4     The date by which there must be compliance with the order;

     6.9.5     The date on which the order expires; and

     6.9.6     Notice that if the work is not done in compliance with the Order to Comply by the compliance date,
                  the municipality may have the work done at the expense of the person, contractor, or
                  permit holder and the costs of the work may be recovered by adding the amount to the tax roll.

6.10   If the work required by an order under the provisions of this By-law is not done within the specified
          period, the Town, in addition to any other remedies it may have, may do the work at the persons,
          contractors, or permit holders expense and may enter upon the land at any reasonable time for this
          purpose.

Service of Orders

6.11   An order from the Town may be:

     6.11.1     served personally upon the person, contractor, or permit holder;

     6.11.2     posted on site where the contravention has taken place; or

     6.11.3     mailed by registered mail to the last known address of the persons, contractor, or permit holder
                   according to the current assessment rolls.

6.12   If served by registered mail, an order under subsection 6.10.3 shall be deemed to have been served on
          the fifth day after mailing.

Removal of Obstruction

6.13   If an Officer determines that an obstruction of a highway exists, the Officer may  issue an order
         requiring the owner, occupant and/or contractor of the property from which the obstruction comes from,
         relates to, or was created for, to discontinue causing the obstruction and to remove the obstruction and
         repair, as necessary, at the expense of the owner, occupant and/or contractor so that the highway is
         brought back to its former condition prior to the obstruction.

Removal of Hazardous Condition

6.14    Where an Officer determines that an obstruction of a highway is, or may create, a hazardous condition
           to the safety of any person using the highway, the Officer may take any action necessary to have the
           obstruction immediately removed and the highway repaired, to its original condition, if necessary, and
           all the costs incurred by the Town in undertaking this work shall be expenses owed to the Town by the
           owner, occupant and/or contractor of the property from which the obstruction comes from, relates to,
           or was created for.

Recovery of Costs

6.15   Where the Town, its employees or authorized agents have performed the work required for compliance
          with this by-law, all expenses incurred by the Town in doing the work as well as any related fees, shall
          be deemed to be a debt to the Town and may be collected by action or the costs may be added to the
          tax roll for the property and collected in the same manner as taxes.

Disposing of Material and Equipment

6.16   Any obstruction removed by the Town from a highway under this By-law may be directly deposited onto
         the property from which the obstruction comes from, relates to, or was created for, or the material may
         be treated as refuse by the Town or become property of the Town which can be disposed of in any
         manner or used for any Town purpose.

6.17   Any landscape or construction material, motorized equipment, containers, trailers, or motorized tools
         removed by the Town may, at the discretion of the Director or the Officer, be deposited at the property
         from which the obstruction comes from, relates to, or was created for, or be stored at a Town facility for
         thirty (30) days at the owner's expense.

6.18   Any item in subsection 6.16 shall only be released to the owner or permit holder after the owner or
          permit holder has paid the Town any applicable expense for the removal and storage of the item.

6.19  Any item in subsection 6.16 that is stored at a Town facility for more than thirty (30) days and for which
        the owner or person, having been notified, has failed to pay the applicable expenses and claim the item,
        may be disposed of pursuant to the provisions of the Repair Storage and Liens Act, R.S.O. 1990, c.R.25,
        as amended.

Service Fees

6.20   The municipal service fees for the administration and enforcement of this bylaw shall be in accordance
          with the fees established in the Fees & Charges By-law, as amended.

6.21   Service fees for the administration and enforcement of this by-law may be charged when a
         contravention has been confirmed by an Officer.

Offences

6.22   Every person who contravenes this By-law is guilty of an offence.

6.23   Every person who contravenes any of the provisions of this by-law, or who fails to comply with an order
          issued under this By-law shall be deemed to be committing a continuing offence for each day that the
          offence remains in contravention, or for each day they fail to comply with the order.

6.24   On conviction, a person may be liable:

     6.24.1     Upon a first conviction, to a fine of not less than $100.00 and not more than $50,000.00;

     6.24.2     Upon a second or subsequent conviction for the same offence(s), to a fine of not less than
                   $400.00 and not more than $100,000.00;

     6.24.3     Upon conviction to a continuing offence, to a fine of not less than $100.00 and not more than
                   $10,000.00 for each day or part of a day that the offence continues. The total of the daily fines
                   may exceed $100,000.00; and

     6.24.4     Upon conviction of a multiple offence, for each offence included in the multiple offence, to a fine
                    of not less than $100.00 and not more than $10,000.00. The total of all fines for each included
                    offences is not limited to $100,000.00. 

7.1     Notwithstanding any section, subsections, clause, paragraph or provision of this By-law, or parts
          thereof, may be declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or
          beyond the powers or the Town to enact, such section or section or parts thereof shall be deemed to be
          severable and that all other sections or parts of this By-law are separate and independent therefrom
          and enacted as such as a whole. Same shall not affect the validity or enforceability of any other
          provisions of this By-law or of the By-law in whole. 

8.1    This By-law comes into full force and effect on the date that the short form wording comes into effect.

Enacted this 19^th day of September, 2017.

Original copy signed                                              Original copy signed                                                   

Rebeca Murphy, Clerk                                           Rob Keffer, Mayor