March 5, 1999

To:Chairman and Members of the

North York Community Council

From:Donna Perrin, District Manager - North

Municipal Licensing & Standards and Court Services - UPDS

Subject:Construction Noise - Request for Exemption - Toronto Transit Commission - Sheppard Subway - (Ward 10 - North York Centre and Ward 12 - Seneca Heights)

Purpose:

To report on an application (February 8, 1999) received from the Toronto Transit Commission requesting an exemption to North York Noise By-Law #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 #31317, be approved.

Background:

The former City of North York enacted Noise By-Law #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 tranquility of life or cause nuisance. On October 1 and 2, 1998, Council granted a further six-month extension to the original six-month noise exemption to the TTC for the purpose of subway construction. The original noise exemption was granted on February 21, 1996.

During 1999, overnight work will be required at several sites, including the tunneling operation between Leslie Street and Don Mills Road. Night work is typically required for major utility relocations or decking installation. These often require major road lane reductions which are not acceptable during the day due to the severe traffic impact. Some night work may also be required to achieve project milestones to ensure construction is completed on time to open the subway in 2002 (particularly at Yonge Station).

Typically, work conducted after 10 p.m. are those activities which are not expected to disturb local residents. They will also continue to be pro-active in contacting Police, Municipal Licensing & Standards and the relevant City Councillors in advance of any night work, and in providing a justification for such work.

In view of their responsible management of construction to date, and project schedule constraints, they respectfully request a six-month extension of the noise by-law exemption.

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 February 8, 1999, the TTC is requesting a further exemption from the North York Construction By-Law. Previously, tunneling for the subway was 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 and other locations. Work conducted after 10:00 p.m. is not expected to disturb local residents.

Section 3 of North York Noise By-Law #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 #31317, to permit construction equipment to operate as requested be approved, subject to the following conditions:

(1)That 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)That 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).

Reviewed by:James Ridge, Executive Director

Municipal Licensing and Standards - UPDS

Tel: 397-4634

Donna Perrin, District Manager - North

Municipal Licensing & Standards and Court Services