August 13, 1998
To:North York Community Council
From:Urban Planning & Development Services,
Harold Bratten, Director of
Municipal Standards
Subject:Construction Noise - Request for Exemption - Toronto Transit Commission -
Sheppard Subway - in the Community of North York.
Purpose:
To report on an application received from the Toronto Transit Commission 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. On
February 21, 1996 the Council of the former City of North York granted a six month noise
exemption to the TTC for the purpose of subway construction.
Discussion:
As part of the Rapid Transit Expansion Program, the TTC is proceeding with the
construction of the Sheppard Subway. By way of a letter dated July 22, 1998, the TTC is
requesting a further exemption form the North York construction noise by-law. Presently,
tunneling for the subway is conducted during the week from 7:00 a.m. to 12:00 midnight.
The TTC advises that upcoming work will also be required during the evening, nights and
on weekends for the construction of the Yonge station. Work conducted after 10:00 p.m. is
not expected to disturb local residents.
Section 3 of North York Noise By-law No. 31317 states:
"Prohibition by Time and Place
No person shall emit or cause or permit the emission of sound resulting from any act listed
in Schedule "B" 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:
A.All day Sundays and Statutory Holidays
B.7:00 p.m. one day to 7:00 a.m. next day.
Conclusions:
It is recommended that the request for an exemption from North York Noise By-law No.
31317, to permit construction equipment to operate as requested be approved subject to the
following conditions:
1.the request for an exemption from the North York Noise By-law be approved for a time
period not to exceed six (6) months; and
2.in the event the City receives construction noise complaints, they are to be referred to the
Toronto Transit Commission for investigation and the Toronto Transit Commission
investigate the complaint and consider potential construction noise mitigation for the
activity conducted by their contractor(s).
Contact Name:
David Roberts, , North York
Civic Centre, 395-7020 Fax 395-7056
E-mail: Dave@City.North -York.on.ca
Harold Bratten, Director of
Municipal Standards
