A grading deposit is a deposit that is made to the developer and/or builder by the homeowner to ensure the grade will not be altered or items that will prevent the developer or builder from obtaining certification (i.e. pools, rock gardens, decks etc.) The average waiting time for a homeowner's lot to be certified is approximately three years.
"Why does it take so long?"
A number of items need to be completed before the developer and/or builder can get your lot certified, such as municipal curbs and sidewalks, driveways, sod, etc.
Certifications and Restrictions
To be certified, the developers consulting engineer inspects the lot and checks to see if the grading is completed in accordance with the approved grading plans. Once certification is completed, you may qualify to have your deposit returned, or wait until the subdivision is assumed.
Assumption
This is when the municipality assumes responsibility for all roads, sidewalks, grading, water, and sewer services.
Driveway Paving
Please note that driveway paving in a subdivision is usually with two coats of asphalt. This work is done by the developer and/or builder, and cannot be altered or substituted (i.e. widening the driveway or installing interlock) from what is shown on the approved grading plans.
Background information
Some builders require "lot grading deposits" to prevent homeowners from making unauthorized changes to lot grading before the final lot grading has been approved. The town does not require builders to take lot grading deposits and has no control over the conditions of their release. New home purchasers should review their purchase and sale agreement to confirm whether a lot grading deposit is required and what the conditions of release are.
The Town of Newmarket holds letters of credit from the developer to ensure that all works are completed in accordance with Town standards and specifications. The Town does not hold grading or driveway deposits from the homeowners or the builders. The homeowner should check the purchase agreement to see who has the grading deposit and when it will be returned.
For more information on assumption grade deposits, please contact the Town of Newmarket's Engineering Department at 905-895-5193.
