The Street Use By-law has a uniform set of regulations dealing with activities that occur in the public road allowance.
“Streets By-law” is used as a reference to describe legislation that amends Chapter 743, Streets and Sidewalks, Use of, of the City of Toronto Municipal Code. The amendments “harmonize” pre-amalgamation statutes from the former municipalities (Borough of East York, Cities of Etobicoke, North York, Scarborough, Toronto, York and the Municipality of Metropolitan Toronto) that regulated activities occurring in public road allowance.
City of Toronto Council adopted the new by-law at its meeting of March 5, 2012.
The by-law provides a uniform set of regulations dealing with such diverse activities as:
The previous assortment of some thirty sets of often dissimilar bylaws and policies was adequate for the decentralized municipal structure existing before amalgamation, but these regulations were:
The amendments address this inequity by creating clear and consistent regulations standardized across the City. Most routine matters that occur on a daily basis, particularly encroachments and the issuing of street work and temporary street occupation permits, are delegated to staff for approval and will no longer unnecessarily encumber Community Council agendas. More importantly, harmonizing these regulations streamlines the approval process and results in consistency, efficiency and fairness to all our residents and business owners.
The By-law does not harmonize all the “Streets By-laws” existing from the former municipalities. Activities such as boulevard cafés, marketing in streets, vending and busking are subject to future harmonization efforts by other City divisions.
Article V of the amendments allows property owners to plant “soft” landscaping, such as hedges and gardens, in boulevards without the need for a permit or an encroachment agreement. The by-law allows additional encroachments in the boulevard, referred to as “permitted” encroachments, without an encroachment agreement with the City, specifically:
These “permitted” encroachments are allowed “as of right” without the need for an encroachment agreement or annual fees, provided that the “permitted” encroachments comply with the following municipal requirements:
To encourage compliance and obtain approval for the encroachment before the property owner constructs it, there is no fee for the permit. Call us before starting the work, and staff will inspect the location and advise of any requirements that are necessary to issue a permit and bring the work into compliance the by-law.
The City’s Business Improvement Areas (BIA) are allowed a range of “permitted” encroachments, specifically:
These “permitted” encroachments do not require an encroachment agreement or paying permit fees. Again, a permit is still required to construct the “permitted” encroachment, but to encourage compliance and to obtain municipal approval for the encroachment before the BIA constructs or plants it, there is no fee for the permit.
No encroachment, other than “soft” landscaping, is permitted:
The amendments clearly specify that property owners and BIAs are responsible for maintaining their encroachments in good repair, with vegetation maintained in a state of healthy growth. The City is not financially responsible for repairing or replacing encroachments damaged as a result of maintenance or reconstruction activities that occur in public road allowance.
Certain encroachments into municipal boulevards are normally prohibited, but are “delegated” to staff to approve, subject to conditions. These include:
These “delegated” encroachments require the preparation of an encroachment agreement as well as the payment of fees for the appropriate permits. Depending on the nature of the encroachment, financial securities may be required to ensure that the applicant completes the work to municipal requirements.
Encroachments into public road allowance that are not permitted or delegated can only be approved with the consent of Community Council or the appropriate Standing Committee.
No encroachment, other than “soft” landscaping, is permitted:
The amendments clearly specify that property owners and BIAs are responsible for maintaining their encroachments in good repair, with vegetation maintained in a state of healthy growth. The City is not financially responsible for repairing or replacing encroachments damaged as a result of maintenance or reconstruction activities that occur in public road allowance.
If the encroachment or driveway was approved by one of the former municipalities, then it is “grandparented.” It can stay as long as it remains in compliance with the terms and conditions of its original approval or agreement, including the payment of any associated fees.
This “grandparenting” disappears if the property violates the terms and conditions of its original approval, or when the property is the subject of an application for plan of subdivision, rezoning, official plan amendment, site plan approval, minor variance or consent.
A new driveway and walkway to a property requires permissions from the City. The procedures surrounding the design and construction of walkways and driveways are described in Article VII of the amendments. Constructing, repaving, or resurfacing an existing driveway or walkway is considered excavation in public road allowance and requires a street work permit from Transportation Services.
Under Article IX of the amendments, anyone whose application is refused can appeal the decision provided that they file a written request for an appeal to the General Manager of Transportation Services within 15 business days after the refusal. There is a non-refundable appeal fee of $661.97, excluding taxes that the applicant must pay within the 15 business days.
Following receipt of the written request for an appeal and the required fee, staff will prepare a report to the appropriate Standing Committee or Community Council.
Where a Standing Committee or Community Council considers and refuses an application, the applicant is not entitled to make a further application for the same address or location for a period of two years after the date of the previous application.