Staff Report: Bylaw Amendments to Address Construction Noise

Background

As the City of Langford continues to grow and densify, noise from building construction is becoming an issue, generating complaints to the Bylaw and Engineering departments. As such, staff has been asked by Council to work with the development community to come up with recommendations that will help alleviate the situation. It must be noted that the construction industry is an extremely important segment of the local economy that provides hundreds of well-paying jobs to local residents and is providing much needed housing to the Capital Regional District. Additionally, it is important to note that no set of restrictions will alleviate noise from the industry completely and satisfy everyone.

Over the last couple of months, staff have met with representatives from the Westshore Developers Association to develop a set of criteria that will balance the need to control noise from construction while allowing the important work this industry does to continue.

Commentary

Pursuant to the Community Charter, Council has the authority to regulate, prohibit and impose requirements on certain subject matters, one of which is noise. This regulation must be done by bylaw. The City has a current Noise Suppression Bylaw which dates back to the 1980s; although it has been updated several times. Some of the provisions, such as those regulating the times during which construction can occur, were more relevant at a time when there was much less construction and a less densely populated area.

Currently, Bylaw 1734, amending the Noise Suppression Bylaw, sets out restrictions with respect to blasting and rock coring and drilling with prohibitions against blasting on Sundays and Statutory Holidays.

The Noise Suppression Bylaw, 1981 currently allows construction noise between 7 am and 7 pm or sunset, whichever is later, 7 days per week including all Statutory Holidays. Staff is proposing changes which will expand the restrictions by further limiting the times of day and days of the week during which construction may occur. The proposal also includes the ability for the City to issue permits to allow construction noise outside of these windows when necessary.

Below are a number of parameters staff believe will help to reduce noise and disruption arising from the construction industry. If Council is supportive of the general parameters, staff will develop bylaw amendments for Council’s review in the coming weeks.

A. Building Construction

• Between the hours of 7am and 7pm Monday to Friday
• Between the hours of 8am and 5pm Saturdays
• 8am to 5pm Sundays– work limited to INSIDE a building with doors & windows installed and closed.
• Except with a permit, work not permitted on Statutory Holidays
• No loud music/No obscene language permitted at any time.
• Work OUTSIDE a building on Sunday or work INSIDE or OUTSIDE a building on a Statutory Holiday subject to a permit being issued by the City.

B. Site Preparation/Grading/Servicing

• 7am to 5pm Monday to Friday
• 8am to 4pm Saturday
• Work on a Sunday or on a Statutory Holiday subject to a permit being issued by the City.

C. Blasting

• 8am to 5pm Monday to Friday
• 8am to 4pm Saturday
• Work on a Sunday or on a Statutory Holiday subject to a permit being issued by the City.

D. Rock Breaking/Rock Drilling/Rock Crushing

• 8am to 5pm Monday to Friday
• Work on a Saturday or Sunday or on a Statutory Holiday subject to a permit being issued by the City.

Staff are suggesting that at this time no additional penalties be added; however, should there be a lack of compliance, we would bring it back to Council for re-evaluation.

Financial Implications

None directly. There may be costs associated with enforcement or addressing complaints. There may be some revenue generated by the permits but we cannot project at this time how much that might be.

Legal Implications

Staff will work on a process for issuing the permits set out above prior to bringing the bylaw forward for consideration.

Options

Option 1

THAT Council

Direct staff to prepare a Bylaw using the parameters set out in the report to set times during which construction noise may occur and a process to issue permits where construction noise is requested to occur outside of these parameters.

OR Option 2

THAT Council
Direct staff to prepare a Bylaw using the parameters set out in the report with the following revisions:

OR Option 3

THAT Council
Direct staff to do nothing at this time with respect to a construction noise.

Submitted By

SUBMITTED BY: Marie Watmough, Acting Director of Corporate Services

Concurrence:
Matthew Baldwin, MCIP, RPP, Director of Planning and Subdivision

Concurrence:
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering and Public Works

Concurrence:
Wayne Robinson, Manager of Building Inspections

Concurrence:
Marie Watmough, Acting Director of Corporate Services

Concurrence:
Darren Kiedyk, Chief Administrative Officer