REPORT TO MAYOR AND COUNCIL

Size: px

Start display at page:

Download "REPORT TO MAYOR AND COUNCIL"

Geraldine Hardy
5 years ago
Views:

REPORT TO MAYOR AND COUNCIL PRESENTED: JANUARY 12, 2015 - REGULAR AFTERNOON MEETING REPORT: 15-03 FROM: COMMUNITY DEVELOPMENT DIVISION FILE: 3900-25 SUBJECT: NOISE BYLAW UPDATE RECOMMENDATION: That

1 REPORT TO MAYOR AND COUNCIL PRESENTED: JANUARY 12, REGULAR AFTERNOON MEETING REPORT: FROM: COMMUNITY DEVELOPMENT DIVISION FILE: SUBJECT: NOISE BYLAW UPDATE RECOMMENDATION: That Council direct staff to bring forward an updated Noise Bylaw incorporating the recommendations contained in this report, to address the days and times when Construction Noise is permitted, for Council s consideration. EXECUTIVE SUMMARY: At its Regular Afternoon meeting on May 12, 2014, Council passed a resolution directing staff to review the current Noise Bylaw, specifically sections that address the days and times that construction noise is permitted in Residential and Quiet Areas, as defined in the Bylaw. While the current Noise Bylaw has been the subject of a number of amendments, the section relating to hours of construction has not been revised since There have been a number of complaints relating to construction noise that culminated in Council s direction to staff to amend the existing Noise Bylaw. Construction work is typically described as any work in connection, reconstruction, alteration, or repair of any building or structure, or carry on any excavation or other operation or operate any kind of machine or engine to the disturbance of the quiet, peace, rest or enjoyment of the public. The current noise bylaw states that Construction can be carried out between the hours of 7:00 am to 10:00 pm every day of the week, including weekends and statutory holidays. There is no maximum decibel level to regulate the sound rating being created by the Construction work. A review of other jurisdictions noise construction requirements demonstrates that the majority of other jurisdictions limit work on Saturdays and either do not allow construction on Sundays and statutory holidays, or limit the hours that such could occur. Some municipalities have specific exemption applications to allow for consideration of specific circumstances on a case-by-case basis. Subject to Council s approval, staff will bring forward Noise Bylaw amendments, incorporating the following key measures for Council s consideration: Construction activity being limited to 7:00 am to 8:00 pm from Monday to Friday Construction activity being limited to 9:00 am to 5:00 pm on Saturdays Construction activity being prohibited on Sundays and Statutory Holidays PURPOSE: The purpose of this report is to provide background information to Council on the current Noise Bylaw; provide days and times that Construction Noise is currently permitted; outline neighbouring municipalities requirements and propose recommendations of revisions to days and times when Construction Noise would be permitted.

2 NOISE BYLAW UPDATE Page 2... BACKGROUND/HISTORY: The current Noise Bylaw has been in effect since 1988 and has gone through numerous amendments, including the most recent amendment to address audible bird scare devices which was passed by Council on June 24, One area that have not been addressed in any recent amendments in the current Noise Bylaw are the days and hours of when construction work can take place in or adjacent to residential areas. Construction work is typically described as any work in connection, reconstruction, alteration, or repair of any building or structure, or carry on any excavation or other operation or operate any kind of machine or engine to the disturbance of the quiet, peace, rest or enjoyment of the public. The current noise bylaw states that Construction can be carried out between the hours of 7:00 am to 10:00 pm every day of the week, including weekends and statutory holidays. There is no maximum decibel level to regulate the sound rating being created by the construction work. There have been situations where Construction needs to begin before 7:00 am typically due to large concrete pours. In these situations, the Manager of Bylaws, in consultation with the Manager or Permit Licence & Inspection Services, has granted approval upon receiving a written request from the contractor. The Township has from time to time received complaints regarding contractors beginning construction on site before am. These are handled jointly between the area Bylaw Officer and the area Building Inspectors. These complaints are first dealt with by PLI staff, where inspectors attend the site and speak with the site supervisor, and if the offence continues then the file is turned over to Bylaws for additional enforcement. Should the contractor continue to contravene the bylaw, then Bylaw Notice Enforcement Tickets are issued to attempt to gain compliance. DISCUSSION/ANALYSIS: Township staff have reviewed neighbouring municipalities noise bylaw requirements. The table below compares the days and times where construction noise is permitted. As per the Township Noise Bylaw, neighbouring jurisdictions do not regulate the maximum decibel rating permitted during the times where construction noise is permitted. Note that Construction on Sundays and statutory holidays is typically more restrictive in other jurisdictions by being regulated with either reduced hours or construction not being allowed. City Mon. to Fri. Sat. Sun. Surrey 7:00 am to 10:00 pm 7:00 am to 10:00 pm No construction for profit Abbotsford 7:00 am to 9:00 pm 7:00 am to 9:00 pm 9:00 am to 9:00 pm including on stats Delta 7:00 am to 7:00 pm 9:00 am to 5:00 pm No construction Maple Ridge 7:00 am to 9:00 pm 7:00 am to 9:00 pm No construction including on stats New Westminster 7:00 am to 8:00 pm 7:00 am to 8:00 pm No construction including stats Coquitlam 7:00 am to 10:00 pm 7:00 am to 10:00 pm No construction for profit ToL 7:00 am to 10:00 pm 7:00 am to 10:00 pm 7:00 am to10:00 pm including stat

3 NOISE BYLAW UPDATE Page 3... The neighbouring municipalities bylaws provide contractors the ability to request permission to perform construction outside of the permitted days and hours in certain instances. The authority required to grant the exemptions for contractors to work outside the specified days and times includes Council, a Bylaw Officer, the Manager of Bylaws and some municipalities require the GM of Engineering to grant the exemption. It should be noted that only one city requires that Council grant permission to work outside the designated hours, the others have either a Bylaw Officer / Manager or GM of Engineering delegated the authority to have the ability to make the decision. To address the construction noise issues within the Township, staff is recommending three specific amendments to the current Noise Bylaw to address the concerns of residents regarding construction noise. The following are the three changes proposed: Noise created by construction activity or construction equipment to occur between the hours of: Monday to Friday 7:00 am 8:00 pm Saturday 9:00 am 5:00 pm Sunday and Statutory Holidays Prohibited In addition to limiting construction noise to these days and times, staff is also recommending that where the application to construct a building under Part 3 of the BC Building Code or where the building permit or phased development exceeds a construction value of $500,000; the holder of the building permit shall prominently post a sign (Noise Control Bylaw Sign) on the parcel of land, and shall maintain the sign during the course of construction. A Noise Control Bylaw Sign must: 1. Be posted in a prominent location on the parcel of land that is clearly visible from at least one adjacent street; 2. Shall be limited to a maximum height above grade of 3.65m; 3. Be a maximum area of 3.0 square metres for Part 3 Buildings and all townhouse sites, and a maximum area of 1.5m for single family, two family dwellings and rowhouses; 4. Contain script that is at least 5.08cm high, and is a colour that contrasts with the background of the sign; and 5. Set out the hours permitted for construction under this Bylaw, and any exemptions to the construction hours which may have been granted; 6. State the name of the general contractor for the construction on the parcel of land, the name and telephone number of an individual representative of that general contractor; 7. Give a monitored 24 hour telephone contact number for complaints and concerns, and the Township of Langley Bylaws Department telephone number.

4 NOISE BYLAW UPDATE Page 4... It is also recommended that a formalized exemption application process be established. This would include an application form from the contractor to be introduced that will provide staff the ability to comment on the validity of the request. This process would also include a notification process that the contractor would have to follow to advise the neighbouring property owners of the day and times that they will be exceeding the construction time allowances of the Noise Bylaw. The application would be made to the Manager, Permit, Licence & Inspection Services, who will consult with the Bylaw Enforcement Department to review the exemption request. The contractor will need to complete the Application for Noise Bylaw Exemption and submitted for review seven days before the proposed activity. A copy of the application is included as Attachment A. Once the application for construction noise exemption has been accepted by the Township, the contractor will be responsible to distribute a Noise Bylaw Exemption Neighbour Notification to the neighbouring properties. This notification should be delivered at least 3 days before the commencement of work. A copy of the Noise Bylaw Exemption Neighbour Notification is attached as Attachment B. In summary, these proposed Bylaw amendments include reducing the days and time when construction noise can take place, placing more responsibility on the contractor to provide a Noise Control Bylaw Sign acknowledging they understand the Bylaw requirements, and formalizing the exemption request by requiring the contractor to provide a written application and then provide notification to neighbouring properties. It is anticipated that the resultant number of construction noise complaints should be reduced and provide homeowners around construction sites additional peace and quiet. Respectfully submitted, Roberto Cesaretti MANAGER, PERMIT, LICENCE & INSPECTION SERVICES for COMMUNITY DEVELOPMENT DIVISION This report has been prepared in consultation with the following listed departments. CONCURRENCES Division / Department BYLAW ENFORCEMENT Name Bill Storie Attachment A Attachment B Application for Noise Bylaw Exemption - Draft Noise Bylaw Exemption Neighbour Notification - Draft

APPLICATION FOR NOISE BYLAW EXEMPTION Name of applicant:

site of work/event: Building Permit #: Requested start

(am/pm) To: (am/pm) Describe the source of sound:

Describe what steps are being taken to mitigate the noise

applicant: Date: Contact name: Phone: Email address:

5 APPLICATION FOR NOISE BYLAW EXEMPTION Name of applicant: Name of company: Address of company: Phone: Address of site of work/event: Building Permit #: Requested start date of exemption: To: Requested time for exemption: (am/pm) To: (am/pm) Describe the source of sound: Describe the reason why this exemption should be granted: Describe what steps are being taken to mitigate the noise for which the exemption is being requested: Signature of applicant: Date: Contact name: Phone: address: Avenue Langley British Columbia Canada V2Y 3J tol.ca

6 SAMPLE NOTIFICATION LETTER [company letterhead] Date: [ ] Notice to Residents and Business neighbouring [project name] Regarding: Construction Noise beyond [ ] We are [company], working at [project name, project address]. On [date], the Township of Langley has granted [company] permission to: Work [details of exemption]. As you know, this is [later/earlier] than normally permitted under the Township of Langley Noise Control Bylaw 1988 No While we regret the need to impose noise created by our construction efforts on you, this exception to the times is critical in allowing us to build this project. This notice is intended to advise you that we will be working until [time and date]. We will make every effort to minimize the noise and should we have an opportunity to finish earlier, we will do so. The following steps are being taken to reduce the noise. [description of any steps taken or planned to minimize the noise nuisance]. We apologize for any inconvenience this may cause and thank you for your patience. If you have any questions or concerns about this construction project, please contact one of the following: [construction company 24-hour monitored contact phone number and name] Township of Langley at Township of Langley Bylaw Enforcement at The RCMP after hours at

BYLAW NUMBER 24M2018

BYLAW NUMBER 24M2018 CPS2018-0367 ATTACHMENT 2 BEING A BYLAW OF THE CITY OF CALGARY TO RESTRICT THE CONSUMPTION OF CANNABIS IN PUBLIC PLACES * * * * * * * * * * * * * * * * * * * * * * * * * * * * WHEREAS the House of Commons