HomeMy WebLinkAboutCRPS-07-037 - Authority to Grant Exemptions to Chapter 450 (Noise) - Director of TransportationREPORT
Report To: Finance and Corporate Services Committee
Date of Meeting: March 5, 2007
Submitted By: Troy Speck, General Manager of Corporate Services
Prepared By: Shayne Turner, Director of By-law Enforcement
Ward(s~ Involved: All
Date of Report: February 27, 2007
Report No.: CRPS-07-037
Subject: AUTHORITY TO GRANT EXEMPTIONS TO CHAPTER 450
(NOISE)
RECOMMENDATION:
That the Director of Transportation Planning be delegated the authority to approve exemptions
to the provisions of Article 450.6.1 of Chapter 450 (Noise) of the City of Kitchener Municipal
Code, with respect to construction projects within a public highway, in accordance with the
parameters as set out in Council Report CRPS-07-037.
BACKGROUND:
Currently, the Transportation Planning Section of the Development and Technical Services
Department processes all noise exemption requests where road reconstruction projects within a
public highway are involved.
Sometimes, there is insufficient time to process such requests when factoring in the schedule of
Council meetings in relation to the timelines associated with the roads project.
REPORT:
Staff within the By-law Enforcement Division are currently reviewing Chapter 450 (Noise) with
respect to several issues, including the noise exemption process. However, it is anticipated that
any report to Council will not be presented to Council until the fall of 2007 at the earliest.
In the meantime, as a matter of convenience and to expedite the process relating to road
reconstruction work, staff is proposing that Council delegate authority to the Director of
Transportation Planning to approve a limited number of noise exemption requests. This
authority would be limited to projects involving road work within a public road allowance under
the jurisdiction of the City of Kitchener or Region of Waterloo.
During the approval process, the Director of Transportation Planning will:
1. Inform Council of what has been approved (by email or memo)
2. Ensure public notice is given to area residents. This requirement must be fulfilled by
the contractor.
3. The Director would retain the right to revoke the exemption if circumstances warrant
it. In the event that an exemption is revoked, any further exemption request relating
to the same project would be processed in the usual manner where it is presented to
Council for their consideration.
Council will retain the authority to over-ride the Director's approval in the event that
circumstances warrant it, such as an appeal to Council by an area resident. Although, there
have been issues in the past with respect to Council approved exemptions for road work, they
have typically been few in numbers.
When staff report to Council later this year regarding their review of the Chapter, they will
include comments with respect to the success or any concerns identified as a result of
delegating this authority.
FINANCIAL IMPLICATIONS:
None identified at this time.
COMMUNICATIONS:
No Corporate Communications required.
CONCLUSION:
Staff proposes to delegate the authority to the Director of Transportation Planning to approve a
limited number of noise exemption requests, relating specifically to projects involving road work
within a public road allowance. This should be done as a matter of convenience and to expedite
the process relating to road reconstruction work.
Shayne Turner
Director of By-law Enforcement