Request for Exemption to Noise By-law - Construction Noise -
Toronto Transit Commission - Sheppard Subway -
North York Centre and Seneca Heights
The North York Community Council recommends the adoption of the following report
(March5, 1999) from the District Manager, North, Municipal Licensing and Standards
and Court Services, Urban Planning and Development Services, with the provision that
the Local Councillors be notified by the Toronto Transit Commission, a minimum of one
month prior to commencement of any proposed night work:
Purpose:
To report on an application (February 8, 1999) 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 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 and 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 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 #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