Ministry of Transportation of Ontario's Off-Peak Deliveries Initiative and Noise By-law

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1 Public Report To: From: Report Number: Corporate Services Committee Jacqueline Long, Interim Commissioner, Corporate Services Department & HR CORP Date of Report: March 19, 2015 Date of Meeting: March 23, 2015 Subject: Ministry of Transportation of Ontario's Off-Peak Deliveries Initiative and Noise By-law File: D Purpose This report provides information on the Ministry of Transportation of Ontario s (M.T.O.) initiative to alleviate traffic congestion from delivery vehicles during the 2015 Pan Am/Parapan Am Games ( Games ) and recommends approving a temporary exemption to the City s Noise By-law ( Noise By-law ) for noises associated with deliveries during the Games to support M.T.O. s initiative. 2.0 Recommendation That the Corporate Services Committee recommend to City Council: That all noises associated with the delivery of goods to all zones with the exception of residential, as defined in Zoning By-law 60-94, within the City of Oshawa be exempt from the City of Oshawa Noise By-law for the period of June 26, 2015 to August 15, Executive Summary Not applicable. 4.0 Input From Other Sources The Ministry of Transportation of Ontario and the City of Oshawa Pan Am/Parapan Am Coordinating Committee were consulted in preparation of this report. 29

2 Report to Corporate Services Committee Meeting Date: March 23, 2015 Page Analysis 5.1 Background: M.T.O., Off-Peak Deliveries Program and Public Notice In preparation for the Toronto 2015 Pan Am/Parapan Am Games ( Games ), M.T.O. is proposing to establish a Games Route Network (G.R.N.), a system of roads connecting Game venues depicted in Attachment 1. M.T.O. will implement a number of traffic management tools along the G.R.N. to facilitate the efficient transportation of athletes and affiliated personnel. The movement of vehicles to and from the City of Oshawa will likely be impacted by traffic management tools along the G.R.N. and specifically the creation of Priority High Occupancy Vehicle Lanes on Highway 401. The use of such lanes would be restricted to traffic affiliated with the Games and multi-occupancy vehicles including public transit. It is anticipated that the Priority High Occupancy Vehicle Lanes will increase traffic congestion across the Greater Toronto and Hamilton Area (G.T.H.A.). To alleviate traffic congestion, M.T.O. has developed the Off-Peak Deliveries (O.P.D.) program to reduce congestion created by delivery-related trucks operating within the G.T.H.A. M.T.O. has requested (Attachment 2) the participation of all G.T.H.A. municipalities in the O.P.D. program to encourage the shifting of deliveries from daytime hours to the evening and overnight periods. M.T.O. anticipates that alleviating congestion from delivery-related trucks will yield a number of benefits including the reduction of: congestion; delivery times; fuel consumption; and greenhouse gases emissions M.T.O. has requested that G.T.H.A municipalities exempt delivery-related trucks and activities from municipal noise by-laws to facilitate businesses participation in the O.P.D. program for an eight-week period of June 26, 2015 to August 15, M.T.O. and TORONTO 2015 Pan Am/Parapan Am Games will provide the City of Oshawa with a communications tool-kit to advise residents of the O.P.D. program. 5.2 Noise By-law and Noise Associated with Deliveries The City s Noise By-law regulates all noises likely to disturb residents of the City by prohibiting them at all times. Notwithstanding the general prohibition, certain noises, for example, construction noise, which are deemed necessary, are exempt under Section 3 of the By-law. Vehicle noise is addressed in the By-law under paragraph 2(f): the noise made by the discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motorcycle except through a muffler or other device which effectively prevents loud or explosive noises. Noises emitted by the operation of delivery-related vehicles are exempt provided that the muffler, which mitigates vehicle noise, is in good working order. Notwithstanding this, other 30

3 Report to Corporate Services Committee Meeting Date: March 23, 2015 Page 3 noises that could be emitted during deliveries such as back-up beepers 1, the lowering or raising of lift ramps, loud voices, banging of racking/shelving are not exempt from the By-law. 5.3 Past Noise Complaints and Proposed Exemption The locations of concern are residential lots immediately abutting non-residential zones; nevertheless, Municipal Law Enforcement Services receives very few complaints related to deliveries and noise. Accordingly, it is recommended that a temporary exemption to the City s Noise By-law be provided to all noise associated with the delivery of goods to nonresidential locations for the period of June 26, 2015 to August 15, Financial Implications There are no financial implications related to this report. 7.0 Relationship to the Oshawa Strategic Plan The recommendation in this report is consistent with all five strategic goals: Economic Prosperity, Social Equity, Cultural Vitality, Environmental Responsibility, and Accountable Leadership. Jerry Conlin, Director, Municipal Law Enforcement and Licensing Services Jacqueline Long, Interim Commissioner, Corporate Services Department & HR Attachments 1 Back-up beepers or vehicle motion alarms are used to warn passersby of a vehicle moving in reverse. 31

4 Attachment 1 32 Map of Games Route Network and Priority Lanes

5 Ministry of Transportation Ministère des Transports Attachment 2 Transportation Policy Branch Direction des politiques du transport 777 Bay Street, 30th Floor 777, rue Bay, 30 e étage Toronto, Ontario Toronto (Ontario) M7A 2J8 M7A 2J8 Tel: Tél. : Fax: Téléc. : January 5, 2014 Dear Phil Lyon: The arrival of the TORONTO 2015 Pan Am/Parapan Am Games ( Games ) presents Ontario with the exciting opportunity to showcase the province on the world stage with the arrival of thousands of athletes and spectators to witness and participate in the largest multi-sport event in Canadian history. The Games also present a unique opportunity to explore ways to improve transportation across the Greater Toronto and Hamilton Area (GTHA) network. The Goods Movement Office (GMO) in the Ministry of Transportation (MTO) is running an Off-Peak Deliveries (OPD) Pilot to help reduce transportation demand at peak hours during the Games. All Games host municipalities are encouraged to partner with MTO to support OPD during the Games. OPD has proven itself in jurisdictions around the world. By shifting daytime deliveries to the evening and overnight periods, it reduces the number of deliveryrelated trucks on the road during the day. This has the potential to reduce delivery times, fuel consumption and greenhouse gas emissions. GMO is interested in the City of Oshawa participating in the 2015 OPD Pilot which will run from June 26 to August 15, 2015 to coincide with the Games. Participation in the OPD Pilot will not only contribute to the management of congestion during the Games, but will provide valuable lessons on the potential of OPD for future consideration. For your reference, please find attached the 2015 OPD Municipal Toolkit and a related presentation. These materials will provide you with information to help determine if OPD is right for your municipality, and provide tips for implementation. To facilitate the planning of the OPD Pilot, we would appreciate a response as to whether your municipality will be participating, by 5:00 pm on February 27, 2015 and we will be contacting you over the coming weeks to discuss further. /2 33

6 - 2 - Should you have any questions, or wish to learn more about the 2015 OPD Pilot, please contact: Matthew Verrall Senior Policy Advisor Goods Movement Office, Ministry of Transportation OPDsupport@ontario.ca With your support, we can work together to provide a positive transportation experience for visitors, spectators, residents and businesses during the Games. Sincerely, Jill Hughes Director Enclosures c: Matthew Verrall, Senior Policy Advisor, Goods Movement Office, MTO Jamie Austin, A/Director, Pan/Parapan Am Games Branch, MTO Doug Spooner, Senior Manager, Transportation Partner Integration and Planning, TO