Request for Exemption from Noise By-law -
Resurfacing Arterial Roads
North York Spadina; North York Centre South;
Don Parkway and Seneca Heights
The North York Community Council recommends the adoption of the folowing report (March
20, 1998) from the Solicitor, North York Civic Centre, with the exception of the exemption
request for Contract No. T-52-98 - York Mills Road which is not required due to the fact that
the necessary funding for this project has been removed from the budget.
The North York Community Council reports having requested the Solicitor, North York Civic
Centre, to consult with the local Councillors on any future noise exemption requests prior to the
matter being placed on the North York Community Council agenda.
The North York Community Council submits the following report (March 20, 1998) from the
Solicitor, North York Civic Centre:
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:
"Each 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:
"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:
- 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