Request for Exemption to Noise By-law - SNC Lavalin -

Highway 401 Westbound Core Lanes Rehabilitation -

Hoggs Hollow to Allen Road -

North York Centre South and North York Spadina

The North York Community Council recommends the adoption of the following report (March1, 1999) from the District Manager, North, Municipal Standards and Court Services, provided that in the event the City receives construction noise complaints, the complaints be referred to the District Manager, North, Municipal Standards and Court Services, who after consultation with Councillor Berger, Councillor Flint, Councillor Feldman and Councillor Moscoe, will be authorized to negotiate noise mitigation with the M.T.O. or rescind the exemption from the Noise By-law as may be required:

Purpose:

To report on an application received from SNC Lavalin Engineers and Contractors Inc., Mr. Ronald J. Williams, Manager, Highway Engineering and Transportation Structures requesting an exemption to North York Noise By-law No. 31317, as amended.

Financial Implications:

There are no financial implications to 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 rehabilitation work is being conducted by the Ministry of Transportation of Ontario and will affect the operation of Bathurst Street within the former City of North York. The prestressed box beams in the northern extension of the structure carrying the highway (401) over Bathurst Street must be replaced. The work will involve removal of the existing box beams and the installation of new box beams. To complete this component of the contract, full closure of Bathurst Street is required in the vicinity of the bridge.

The contractor has advised that approval has been obtained for the full closure of Bathurst Street. The permitted hours of full closure for the section of Bathurst Street in question are 12 midnight to 6:00 a.m., on weekends only.

The applicant submits that the exemption is required to ensure the safety of traffic on Bathurst Street and to complete the work in the most efficient and cost effective manner possible, while maintaining adequate traffic flow.

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 the North York Noise By-law No. 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 the time period required to complete the specified work, between May and July 1999, and in the time period 12:00 midnight to 6:00 a.m. on weekends only; and

(2)that in the event the City receives construction noise complaints, they are to be referred to the Ministry of Transportation of Ontario for investigation and the Ministry of Transportation of Ontario 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