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March 20, 1998
To:North York Community Council
From:George M. Dixon,
City Solicitor, North York
Subject:Construction Noise - Request for Exemption - City of Toronto - Resurfacing Arterial Roads - in the Community
of North York, Wards 8, 9, 11, and 12.
Purpose:
To report on an application received from the City of Toronto Transportation Department requesting an exemption to
North York Noise By-law No. 31317, as amended.
Financial Implications:
There are no financial implications for the City.
Recommendation:
It is recommended that the request for an exemption to the North York Noise By-law No. 31317 be approved.
Background:
The former City of North York enacted Noise By-law No. 31317 on October 17, 1990 being a by-law to ensure an
environment free from unusual, unnecessary, or excessive sound or vibration which may degrade the quality and
tranquillity of life or cause nuisance.
Discussion:
The City=s Transportation Department is planning road resurfacing work on certain arterial roads in North York between
April 20th and December 4th of this year. The attached table shows the specific locations were the work will be done. With
respect to the exemption being requested the Transportation Department advises as follows:
AEach intersection will require a noise exemption for two (2) successive weekends between the hours of 7:00 p.m., Friday
to 6:00 a.m., Monday between the dates specified. This will allow the existing pavement surface to be removed to a depth of
125 mm or down to the concrete road base and paved with base asphalt during the first weekend, followed up by
adjustment of maintenance hole frames and covers during the week between the rush hour periods and surface asphalt
paving the following weekend. In case of inclement weather or equipment breakdown, a third weekend may be required.@
The department submits that the exemption is necessary to insure that work is completed during the dates and times
mentioned in order to minimize disruption to commuters using these major arterial roads.
Section 3 of North York Noise By-law No. 31317 states:
AProhibition by Time and Place
No person shall emit or cause or permit the emission of sound resulting from any act listed in Schedule AB@ hereto if
clearly audible at a point of reception located in an area of the municipality within a prohibited time shown for such an
area.@
The operation of any construction equipment is prohibited as follows:
- All day Sundays and Statutory Holidays
- 7:00 p.m. one day to 7:00 a.m. next day.
Conclusions:
It is recommended that the request for an exemption to North York Noise By-law No. 31317, to permit construction
equipment to operate as requested be approved subject to the following conditions:
1. Any complaints concerning construction noise related to this program be referred to the City=s Transportation
Department for mitigation.
Contact Name:
David Roberts, Director of By-law
Enforcement Services, North York
Civic Centre, 395-7020 Fax 395-7056
E-mail: Dave@City.North -York.on.ca
George M. Dixon
City Solicitor, North York
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