COUNTY OF BRANT CORPORATE SERVICES DEPARTMENT

COUNTY OF BRANT
CORPORATE SERVICES DEPARTMENT
CORPORATE DEVELOPMENT COMMITTEE
TO:
To the Chair and Members of the Corporate Development Committee
FROM:
Rens Dekker, By-Law Enforcement
DATE:
August 28, 2014
SUBJECT: CD-14-94-Application for exemption from Schedule C, Item 1 of Noise
By-Law 185-00
PURPOSE: Noise By-law Exemption
RECOMMENDATION:
That an exemption from Schedule C, Item 1 of the County of Brant Noise By-Law Number
185-00, be granted to the Ministry of Transportation, to permit the operation of heavy
equipment from 7:00 p.m. to 7:00 a.m. for a maximum of four (4) nights, between April 1, and
November 30, 2015 or between April 1,and November 30, 2016 with respect to the
rehabilitation of the bridge culvert on Highway 24 at Fairchild Creek, subject to the publication
of the required notice.
STRATEGIC PLAN GUIDANCE:
Not Applicable
FINANCIAL CONSIDERATIONS:
None
BACKGROUND:
Section 7 of the County of Brant Noise By-Law #185-00 authorizes the granting of
exemptions to the by-law by resolution of Council, subject to any terms and conditions
deemed advisable and provided the exemption does not exceed six (6) months.
An application has been received from the Ministry of Transportation to be exempt from the
provisions of Schedule C, Item 1 of the by-law which prohibits the Operation of Heavy
Equipment from 7:00 p.m. of one day to 7:00 a.m. of the next day for a maximum of four (4)
nights between April 1, and November 30, 2015 or April 1, and November 30, 2016.
Night-time construction is proposed due to existing traffic volumes and peak travel times on
Highway 24. The exemption will allow construction at times when traffic volumes are lower,
and will assist to mitigate traffic delays and disruption on Highway 24 during the construction.
As required by section 7(c) of the by-law, proof of notice of the requested exemption from the
by-law will be published in the Brantford Expositor on September 4, 2014.
In accordance with section 7(e), prior to approving the exemption, Committee is required to
grant the applicant and any person opposed to the application, an opportunity to speak.
REPORT:
The area within the County surrounding the rehabilitation site is mainly zoned Agriculture and
there are only seven residences in the immediate vicinity. The Ministry contract will require
the contractor to notify property owners, within 200 metres of the rehabilitation site, two
weeks prior to the commencement of the night work.
INTERDEPARTMENTAL CONSIDERATIONS:
Not Applicable
Respectfully Submitted,
Rens Dekker
Municipal Law Enforcement Officer
Lynn Dale
Director Legal &
Property Services
ATTACHMENTS:
1.
2.
3.
4.
Application for exemption
Accompanying letter
Proposed notice for publication
GIS map
COPY TO:
Michael Bradley, General Manager Corporate Services
In adopting this report, is a bylaw or agreement required? If so, it should be referenced in the recommendation section.
By-law required
(NO)
Agreement(s) or other documents to be signed by Mayor and /or Clerk
(NO)
Is the necessary by-law or agreement being sent concurrently to Council?
(NO)
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County of Brant
519-449-2451
Fax: 519-449-2454
1-888-250-2297
www.brant.ca
By-Law Enforcement Department
26 Park Ave
P.O. Box 160
Burford ON, N0E 1A0
bylawenforcement@brant.ca
APPLICATION FOR EXEMPTION
NOISE BY-LAW #185-00
Completion Instructions
The applicant is required to attach proof of publication within the preceding 10 days, in a newspaper of general
circulation within the applicable service area of the County of Brant, of a “Notice of Application for Exemption to
the County of Brant Noise By-law #185-00”, containing the name and address of the applicant, the section of
the bylaw, a description of the noise, the period of time for which the exemption is being sought, the reason for
the request and the date upon which the application will be considered by Council.
The applicant and any person with an objection to the application will be given an opportunity to speak subject
to the provisions of the County of Brant Procedural By-law.
If you fill out this document electronically, please print out the application, sign it, and either send a scanned
copy of the completed form through email, or deliver a hard copy of the signed form to the Burford office. The
license application will be reviewed and processed at the Burford Office. You will be contac ted once your
license has been prepared.
If you require further information please contact the By-Law Enforcement Department at 519-449-245
Applicant Information
✔ Corporation
Partnership
Sole Proprietor
Applicant Name:
Ontario Ministry of Transportation, West Region
Mailing Address:
3rd Floor, 659 Exeter Road
Individual
London ON N6E 1L3
Contact Name:
Amanda Waldick
Phone:
519-873-4576
Fax:
519-873-4600
Personal information collected herein will be used for the purpose of licensing, regulating and by-law enforcement and will
be provided to Law Enforcement personnel. Managed in accordance with the Municipal Information and Protection of
Privacy Act.
Details of Exemption Request
Exemption Period
Date(s):
April 2015
to
Nov. 2016
Time(s):
7:00 p.m.
to
7:00 a.m.
(6 month maximum)
Section(s) of the By-law seeking exemption from:
(See the attached page outlining exemptions)
Schedule C, Section 1
Details of Noise Making Activity:
(for construction projects attach a detailed construction schedule)
During night-time construction, the primary sources of noise will include generators to provide
night-time lighting; compressors with jack hammers, chipping hammers and Quickcut saws for concrete
removal; and operation of dump trucks and diesel powered equipment for excavation, paving etc.
Please identify the reasons why compliance with the by-law is difficult:
Rehabilitation includes concrete repairs and waterproofing of the top slab to extend the life of the culvert. This will require single-lane staging with continuous flagging
operations for three to four weeks. Compliance would result in traffic impacts during day time hours when volumes are higher. To minimize construction duration and the
potential for longer term traffic disruption during waterproofing operation, we propose to set up the contract to allow 24-hour continuous construction for a maximum of four nights.
Applicant Signature:
Date:
Office Use Only
Date Rec’d:
Council Review Date:
Fee:
$160.00
Amendments or Conditions:
Proof of Publication Attached
Report Attached
Approved
Modified Approval
Denied
By-law Number 185-00
6.
EXEMPTION OF CERTAIN ACTIVITIES
Notwithstanding any other provision of this By-law, this By-law does not apply to a person who
emits, causes or permits the emission of Noise in connection with any of the special events or
activities of a limited duration listed in Schedule D.
7.
GRANT OF EXEMPTION BY COUNCIL
(a)
Council may by resolution, upon receipt of written application, grant an exemption
to provisions of the by-law for a specified period of time, not to exceed 6 months,
subject to such terms and conditions as deemed advisable.
(b)
The application shall be in the form provided and shall include:
(i)
the name and address of the applicant;
(ii)
a description of the source of the sound in respect of which an exemption is
being sought;
(iii)
a statement of the section of the by-law from which exemption is sought;
(iv)
the period of time for which the exemption is being sought;
(v)
the reasons why an exemption is being sought;
(c)
Such application shall be accompanied by proof of publication, within the preceding
ten days, in a newspaper of general circulation within the applicable service area of
the County of Brant, of a notice of intention to apply for an exemption to this by-law,
containing the information required by Clauses (i) through (v) hereof, and stating
the date upon which the application to Council is intended to be made.
(d)
A copy of the application shall be provided to the Municipal Law Enforcement
Officer who will conduct a site inspection and prepare a report to Council which
also includes details of any complaint history or corrective measures taken to date.
(e)
In deciding whether to grant the exemption, Council will review the application, the
report, any written submissions and grant the applicant and any person opposed to
the application an opportunity to speak in accordance with Council’s Procedural Bylaw.
(f)
Where an exemption is granted, any breach of the terms or conditions renders the
exemption null and void.
NOTICE
The applicant, Ontario Ministry of Transportation (MTO) intends to apply to the Corporation of the County of
Brant for an exemption to Noise By-Law 185-00. The application will go before Corporate Development
Committee on Monday, September 8, 2014, 7.00pm, at County Council Chambers, 7 Broadway St. West,
Paris, Ontario anyone wishing to speak to the matter will be heard.
As required by the By-Law, following are the details of the application.
Applicant:
Attention:
Ontario Ministry of Transportation, West Region
rd
659 Exeter Road, 3 Floor
London, ON N6E 1L3
Ms. Amanda Waldick, Project Manager
Planning and Design Section
Source of Noise:
Generators to provide night-time lighting
Compressors with jack hammers, chipping hammers and Quickcut saws
for concrete removal
Dump trucks and Diesel-operated equipment for excavation, paving, etc.
By-Law Section
Schedule C(1), Item 1
Period of Exemption
April 1 to November 30, 2015 and April 1 to November 30, 2016
Explanation
The exemption request from the County of Brant Noise By-law pertains to prohibited hours for construction,
during the rehabilitation of the culvert at Site 1-204/C, located on Highway 24, approximately 1.1 km south of
Governors Road East. Minor rehabilitation will include concrete repairs and waterproofing of the top slab to
extend the life of the culvert. The work will take approximately three to four weeks and will be undertaken as
part of an overall culvert rehabilitation/replacement project. Additional details are available on the project
website at www.highwayculverts.ca.
The waterproofing operation requires single-lane construction staging with continuous flagging operations. In
order to minimize the duration of construction and the potential for longer term traffic disruption, 24 hour
continuous construction is proposed which will include night-time operations between 7:00 p.m. and 7:00
a.m. for a maximum of four nights. Private construction firms, working under Contract for the Ministry of
Transportation, will undertake the work and will be required to minimize idling of construction vehicles and to
maintain equipment in good working order (including muffling devices) to minimize noise impacts.
The exemption request is for the duration of the overall project, which includes two construction seasons
(i.e., April to November 2015 and April to November 2016), since the timing of construction within the
County of Brant is subject to the contractor’s scheduling for the overall project.
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Highway #24 Culvert Rehabilitation
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Any interpretations or conclusions drawn from this map are the sole responsibility of the user.
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