All shook up? Newmarket noise bylaw may soon allow construction vibration complaints

While large projects are covered under the planning act, the Town of Newmarket is considering the change to cover smaller projects like driveway and parking lot paving

Newmarkettoday.ca
October 30, 2020

The Town of Newmarket is considering a change to its noise bylaw that would allow residents to complain to bylaw enforcement when construction causes their homes to shake.

The proposed measure would give residents some recourse when smaller projects not covered by the current construction vibration bylaw cause problems, according to Flynn Scott, manager of regulatory services.

"It would follow a similar process for vibration that we currently have in place for noise," he told council at on Oct. 23 committe of the whole meeting.

"We would build in provisions to the noise bylaw that would define vibrations as a nuisance, as well. We could then take enforcement action the same way we would for any noise complaints that come in."

In March 2019, the a bylaw was passed to curtail vibration caused by construction projects.

At the time, some residents were complaining that shaking was so bad that it was causing pictures to fall off walls and, worse, damaging walls and foundations that were not covered by insurance.

The new bylaw put several new requirements on property developers, including a geotechnical study and pre-construction survey of the surrounding area and active monitoring of the vibrations created by their work.

But the bylaw only applies to large construction projects under the Ontario Planning Act. Everything else, primarily repaving driveways or parking lots, did not. Town staff recommended the noise bylaw amendment as a way to fill that gap.

Councillor Christina Bisanz voiced her concern that the proposal was not proactive enough and that these projects should be subject to the same rules as the larger ones.

Mayor John Taylor said it would be unfair to require someone repaving their driveway to pay for active vibration monitoring.

Council approved the amendment to the noise bylaw, while also creating a permit for projects such as repaving parking lots.

Final approval of the amendment would occur at a future council meeting.