Weekend Update To Proposed Noise Bylaw Amendments by Town

In advance of Monday April 30th Town of Collingwood Council meeting an additional addendum has been circulated pertaining to the proposed changes to the Town’s Noise By-law, and more specifically, how it will impact the construction industry.

The revisions no doubt are aimed at easing concerns stemming from a large negative response to proposed by-law changes from construction industry leaders.

On Sunday April 29th, the Town of Collingwood issued an additional addendum to the Council Agenda for April 30th, with the addition of Staff Report #C2018-12.

“The purpose of this report is to present exemption options for construction noise within the noise control by-law, based on Council direction to prepare the by-law in accordance with Option 4 (the construction noise regulation imposed by Shelburne).”


RECOMMENDATION

THAT the Council receive Staff Report C2018-12, and authorize proceeding with the following exemption process, based on the Shelburne model for construction equipment related noise, and enact and pass Noise Control By-law 2018-XX:

1) Construction equipment noise provisions not come into effect until September 1, 2018, to provide appropriate notice as numerous contractors have already made commitments and mobilized their crews for the 2018 season;

2) Noise from construction equipment be exempted if there are no directly abutting and adjacent residential dwellings.

*If Council supports proceeding with conditional exemptions, the following exemption is recommended understanding there will be financial implications with increased demand on staff resources:

3) Permit the CAO and/or Clerk to issue exemptions for construction equipment noise only for extenuating circumstances if they impose undue hardship, which shall be at the discretion of the CAO and/or Clerk. (financial implications)

Staff Report #C2018-12 states consideration should be given to a model based on Shelburne’s construction noise by-law,

“… however, only pertaining to specific noise prohibition on Saturdays such as “site alteration equipment”. i.e.: noise created as a result of dump trucks, loaders, excavators, graders, etc… on development sites and sites under site plan application.

Any reconsideration of alternate options that are not based on the Shelburne Model for construction equipment noise will require a motion of reconsideration (2/3rds majority vote).

An alternate option that staff recommend are a revised Option 1 – permit construction equipment noise on Saturdays, however, limit noise to less than 8am to 4pm.”


Town of Collingwood Staff has recommended that should the By-law be enacted on Monday April 30th, the components pertaining to construction equipment related noise not take effect until September 1, 2018.

In arriving at this recommendation, Staff has recognized that numerous contractors and developers have already provided significant commitments for the 2018 season and has put together necessary crews to meet those commitments.


Conclusion

Staff recommend that an exemption be included, as a right within the by-law, pertaining to developments that are not abutting or adjacent to residential uses. If Council wants to include other exemptions, that the CAO and Clerk have discretion to determine undue hardship, noting that exemptions will create additional demands on limited resources. Staff will monitor the demand should the by-law need to be reexamined in the future. The effective date for construction equipment noise be implemented not earlier than September 1st, as 2018 as commitments for the 2018 season have already been made.

*Consideration should be given to the legal advice received from our municipal solicitor to utilize Shelburne’s model but applicable to “site alteration equipment” rather than broadly defining construction equipment (if indeed that is the primary noise concern).

Alternatively, Council may choose to consider implementing Option 1, to permit construction on Saturdays – only limit the permitted time to something less than the previously recommended 8am to 4pm. This would be much easy to regulate, administer and enforce, however, procedural reconsideration would be necessary.


With regards to having an impact on Town finances, Staff Report #C2018-12 estimates that financial implications to monitor a regular construction equipment exemption program will place demand on existing strained resources.

“Further financial impact may be seen within the by-law enforcement department to respond to the anticipated increase in construction related noise complaints and proactive enforcement may be required on weekends where there is currently limited staff availability.”

Town of Collingwood Staff has recommended that if the By-law is enacted April 30th, the components pertaining to construction equipment related noise not take effect until September 1, 2018.

In arriving at this recommendation, Staff has recognized that numerous contractors and developers have already provided significant commitments for the 2018 season and has put together necessary crews to meet those commitments.

To further understand the revised recommendations it is recommended that you read the full Staff Report – CLICK HERE TO VIEW STAFF REPORT #C2018-12

The matter will be discussed at the Monday April 30th meeting of Collingwood Town Council.



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