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ENVIRONMENTAL NOISE GUIDELINE Noise Assessment Criteria for Stationary Sources and for Land Use Planning

Publication NPC-300 Draft for Consultation Purposes Only Ministry of the Environment November 2010

ENVIRONMENTAL NOISE GUIDELINE NPC-300 Noise Assessment Criteria for Stationary Source and Land Use Planning

Draft for Consultation Purposes Only November 2010

ENVIRONMENTAL NOISE GUIDELINE Noise Assessment Criteria for Stationary Sources and for Land Use Planning Publication NPC-300 This Publication replaces the following publications: Publication LU-131 – Noise Assessment Criteria in Land Use Planning; Noise Assessment Criteria in Land Use Planning: Requirements, Procedures, and Implementation; Publication NPC-205 – Sound Level Limits for Stationary Sources in Class 1 and 2 Areas (Urban); and Publication NPC-232 – Sound Level Limits for Stationary Sources in Class 3 Areas (Rural).



Table of Contents

Part A BACKGROUND.............................................................................................................. 1

A1 Purpose.................................................................................................................... 1

A2 Organization of the Document................................................................................ 2

A3 References............................................................................................................... 2

A4 Definitions............................................................................................................... 4

A5 Legislative Background ........................................................................................ 15

A5.1 Environmental Protection Act ................................................................. 15 A5.2 Environmental Assessment Act............................................................... 16 A5.3 Planning Act ............................................................................................ 16 A5.4 Municipal Act .......................................................................................... 17 A5.5 Aggregate Resources Act ........................................................................ 17

A6 Noise Pollution Control Guidelines ...................................................................... 17

A6.1 Procedural Guidelines.............................................................................. 17 A6.2 Criteria Guidelines................................................................................... 18

A7 Noise Assessment Criteria .................................................................................... 18

Part B STATIONARY SOURCES............................................................................................ 20

B1 General.................................................................................................................. 20

B1.1 Scope........................................................................................................ 20

B2 Establishment of Sound Level Limits – Objective ............................................... 20

B3 Background Sound Levels .................................................................................... 20

B4 Sound Levels due to Stationary Sources............................................................... 21

B5 Sound Level Limits – General .............................................................................. 21

B5.1 Steady and Varying Sound – Outdoors and Exterior Plane of Window.. 21 B5.2 Impulsive Sound – Outdoors and Exterior Plane of Window ................. 22

B6 Noise Impact Assessment – Multiple Sources...................................................... 24

B7 Determination of Area Class................................................................................. 24

B7.1 Class 1, 2 and 3 Area ............................................................................... 24 B7.2 Class 4 Area............................................................................................. 24 B7.3 Class 5 Area............................................................................................. 24 B7.4 Area Classification Issues........................................................................ 24

B8 Point of Reception on a Vacant Lot...................................................................... 25

B9 Procedures............................................................................................................. 25

B10 Development of Adjacent Lands .......................................................................... 26



Part C LAND USE PLANNING............................................................................................... 28

C1 General.................................................................................................................. 28

C1.1 Scope........................................................................................................ 28 C1.2 Implementation ........................................................................................ 29 C1.3 Responsibility .......................................................................................... 29

C2 Noise Impact Studies ............................................................................................ 30

C2.1 Aircraft Noise .......................................................................................... 30 C2.2 Surface Transportation Noise .................................................................. 31 C2.3 Noise from Stationary Sources ................................................................ 32

C3 Noise Impact Assessment – Transportation Sources ............................................ 32

C3.1 Introduction.............................................................................................. 32 C3.2 Road Traffic Noise .................................................................................. 33 C3.3 Rail Traffic Noise .................................................................................... 34 C3.4 Air Traffic................................................................................................ 35

C4 Noise Impact Assessment – Stationary Sources ................................................... 37

C4.1 General..................................................................................................... 37 C4.2 Procedures................................................................................................ 37 C4.3 Feasibility Assessment............................................................................. 38 C4.4 Determination of Area Class ................................................................... 39 C4.5 Sound Level Limits – General ................................................................. 40 C4.6 Sound Level Limits – Pest Control Devices............................................ 42

C5 Noise Impact Assessment – Multiple Sources...................................................... 42

C6 Noise Impact Assessment – Supplementary Noise Criteria ................................. 43

C7 Noise Control Measures........................................................................................ 44

C7.1 Acoustic Barriers ..................................................................................... 44 C7.2 Central Air Conditioning ......................................................................... 44 C7.3 Road Noise Control Measures ................................................................. 45 C7.4 Rail Noise Control Measures................................................................... 46 C7.5 Combination of Road and Rail Noise...................................................... 47 C7.6 Aircraft Noise Control Measures............................................................. 47 C7.7 Combination of Road, Rail and Aircraft Noise ....................................... 48 C7.8 Stationary Source Noise Control Measures............................................. 48 C7.9 Warning Clauses...................................................................................... 50 C7.10 Verification of Noise Control Measures.................................................. 52



List of Tables Table B-1 Exclusion Limit Values of One-Hour Equivalent Sound Level (Leq , dBA) Outdoor

Points of Reception (Not Including Exterior Planes of Window)........................... 22

Table B-2 Exclusion Limit Values of One-Hour Equivalent Sound Level (Leq, dBA) Exterior Plane of Window..................................................................................................... 22

Table B-3 Exclusion Limit Values for Impulsive Sound Level (LLM, dBAI) Outdoor Points of Reception (Not Including Exterior Planes of Window) .......................................... 23

Table B-4 Exclusion Limit Values for Impulsive Sound Level (LLM, dBAI) Exterior Plane of Window – Living and Bedroom Spaces (Day/Night) ............................................. 23

Table C-1 Sound Level Criterion for Outdoor Living Areas, Road and Rail .......................... 33

Table C-2 Indoor Sound Level Criteria, Road and Rail........................................................... 34

Table C-3 Outdoor Aircraft Noise Criterion ............................................................................ 36

Table C-4 Indoor Aircraft Noise Criteria (Applicable over 24-hour period)........................... 36

Table C-5 Exclusion Limit Values of One-Hour Equivalent Sound Level (Leq, dBA) Outdoor Points of Reception (Not Including Exterior Planes of Window)........................... 40

Table C-6 Exclusion Limit Values of One-Hour Equivalent Sound Level (Leq, dBA) Exterior Plane of Window..................................................................................................... 41

Table C-7 Exclusion Limit Values for Impulsive Sound Level (LLM, dBAI) Outdoor Points of Reception (Not Including Exterior Planes of Window) .......................................... 41

Table C-8 Exclusion Limit Values for Impulsive Sound Level (LLM, dBAI) Exterior Plane of Window – Living and Bedroom Spaces (Day/Night) ............................................. 42

Table C-9 Supplementary Indoor Sound Level Criteria, Road and Rail.................................. 43

Table C-10 Supplementary Indoor Aircraft Noise Criteria (Applicable over 24-hour period).. 44


Draft for Consultation Purposes Only November 2010 1

Part A BACKGROUND

Part A is integral to both Parts B and C. All parts need to be read together.

A1 Purpose

The Ontario Ministry of the Environment (MOE) is responsible for protecting clean and safe air, land and water to ensure healthy communities, ecological protection and sustainable development for future and present generations of Ontarians. The MOE fulfills these responsibilities, in part, by ensuring the sources of emissions to the environment are adequately controlled to prevent the potential for adverse effects. The objective of this guideline is to address the proper control of sources of noise emissions to the environment.

This publication serves two purposes:

(1) To provide sound level limits that are applied by the MOE to Stationary Sources, such as, industrial and commercial establishments and auxiliary transportation facilities. Compliance with the sound level limits is required for planned, new, expanded, or modified Stationary Sources of sound through a Certificate of Approval issued under Section 9, or a Renewable Energy Approval issued under Section 47.3, of the Environmental Protection Act, or under the provisions of the Environmental Assessment Act and the Aggregate Resources Act. The sound level limits also apply to noise-related incidents reported to MOE, which are investigated to determine the potential for an adverse effect, in violation of Section 14 of the Environmental Protection Act.

(2) To provide advice, sound level criteria and guidance to land use planning approval authorities such as municipalities, planning boards and other ministries, developers and consultants, for planning decisions concerning sensitive land uses, in support of the Provincial Policy Statement [1]. It is intended to be applied to land use planning decisions to minimize the potential conflict between proposed sensitive land uses and sources of emissions. Specifically, it is to be applied in planning decisions concerning noise sensitive land uses adjacent to facilities such as, but not limited to, airports, road and rail transportation corridors, industrial facilities, railway yards, aggregate facilities, major commercial facilities, sewage treatment facilities and waste sites.

In order to achieve effective and economical planning, the principles described in this document needs to be implemented early in the land use planning process. The purpose is to avoid problems in a proactive manner through input into the land use planning process. This guideline pertains to the mandate and the responsibilities of the MOE under its existing legislation, namely the Environmental Protection Act and the Environmental Assessment Act and the mandates and responsibilities of land use planning approval authorities (e.g., municipalities and planning boards) under the Planning Act.



A major objective in applying the sound level limits and criteria provided herein is to provide guidance for the appropriate design, buffering and separation of major facilities and sensitive land uses to prevent adverse effects ad directed by Section 1.7.1(e) of the Provincial Policy Statement [1].

This guideline (Publication NPC-300) does not address sound and vibration produced by blasting, wind turbine generators or landfills, which are addressed in other publications. Blasting in quarries and surface mines are considered in Reference [8]. Wind farms (wind turbine generators) are addressed in Reference [23]. Landfills are dealt with in Reference [24]. Additionally, this publication (Publication NPC-300) needs to be used in conjunction with the MOE D-Series Guidelines for other types of specific projects: pipelines and their compressor/pumping stations, waste sites and water/sewage facilities. The MOE website needs to be consulted for the latest versions of the reference documents and other applicable guidelines.

Other agencies, such as other Provincial ministries, the federal government and municipalities, may have requirements over and above those included in this MOE guideline publication. Other requirements, defined by another jurisdiction or agency, may apply.

A2 Organization of the Document

This publication is organized into three main parts:

Part A: provides material that is common and applicable to the whole document, such as purpose, definitions, common principles and references.

Part B: specifically addresses the approval and compliance of Stationary Sources of noise.

Part C: deals with the planning of new noise sensitive land uses, such as residential.

A3 References

Reference is made to the following publications:

[1] Provincial Policy Statement, Ontario Ministry of Municipal Affairs and Housing, March 1, 2005, ISBN 0-7794-7484-8.

[2] Environmental Protection Act, Government of Ontario.

[3] Model Municipal Noise Control By-Law, Final Report, August 1978, Ontario Ministry of the Environment.

[4] Publication NPC-101, Technical Definitions, part of Reference [3].

[5] Publication NPC-102, Instrumentation, part of Reference [3].

[6] Publication NPC-103, Procedures, part of Reference [3].



[7] Publication NPC-104, Sound Level Adjustments, part of Reference [3].

[8] Publication NPC-119, Blasting, part of Reference [3].

[9] Sound Levels Due to Road Traffic, Publication NPC-206, Ontario Ministry of Environment and Energy, October 1995, ISBN 0-7778-4923-2, PIBS 3407e.

[10] ORNAMENT, Ontario Road Noise Analysis Method for Environment and Transportation, Technical Document, Ontario Ministry of the Environment, October 1989, ISBN 0-7729-6376, PIBS 1527e.

[11] Bulletin No. 91003, Environmental Warnings/Restrictions, Ontario Ministry of Consumer and Commercial Relations, July 25, 1991.

[12] STEAM, Sound from Trains Environmental Analysis Method, Ontario Ministry of the Environment, July 1990, ISBN 0-7729-6376-2, PIBS 1053e.

[13] ISO 1996-1, Acoustics – Description, measurement and assessment of environmental noise – Part 1: Basic quantities and assessment procedures, 2003.

[14] Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety, U.S. Environmental Protection Agency, Office of Noise Abatement and Control, March 1974, Report No. 550/9-74-004.

[15] Guide to Completing the Written Summary Required by the Basic Comprehensive Certificate of Approval (Air & Noise), Ontario Ministry of the Environment, February 2005, PIBS 5007e.

[16] Noise Screening Process for S.9 Applications, Supplement to Application for Approval, Ontario Ministry of the Environment, February 18, 2005, PIBS 4871e.

[17] Environmental Noise Guidelines for Installation of Residential Air Conditioning Devices, Ontario Ministry of Environment and Energy, September 1994, ISBN 0-7778-1616-4, PIBS 2721e01.

[18] Residential Air Conditioning Devices, Publication NPC-216, Ontario Ministry of Environment and Energy, October 1993, PIBS 2721.

[19] Information to be Submitted for Approval of Stationary Sources of Sound, Publication NPC-233, Ontario Ministry of the Environment, October 1995, ISBN 0-7778-4918-6, PIBS 3404e.

[20] Planning Act, Government of Ontario.

[21] Guideline D-1, Land Use Compatibility, Ontario Ministry of the Environment, July 1995, PIBS 3166e.

[22] Guideline D-6, Compatibility between Industrial Facilities and Sensitive Land Uses, Ontario Ministry of the Environment, July 1995, PIBS 3272e.



[23] Noise Guidelines for Wind Farms, Interpretation for Applying MOE NPC Publications to Wind Power Generation Facilities, Ontario Ministry of the Environment, October 2008, PIBS 4709e.

[24] Noise Guidelines for Landfill Sites (DRAFT), Ontario Ministry of the Environment, October 1998.

[25] Guide to Applying for Approval (Air & Noise), Ontario Ministry of the Environment, November 2005, PIBS 4174e.

[26] Basic Comprehensive Certificates of Approval (Air), User Guide, Ontario Ministry of the Environment, April 2004, PIBS 4391e.

[27] Fact Sheet, Basic Comprehensive Certificates of Approval (Air), Ontario Ministry of the Environment, April 2002, PIBS 4392e.

[28] ISO 9613-2, Acoustics – Attenuation of sound during propagation outdoors – Part 2: General method of calculation, 1996.

A4 Definitions

“Adverse effect”

is defined by subsection 1(1) of the EPA, Reference [2], and means one or more of,

impairment of the quality of the natural environment for any use that can be made of it,

injury or damage to property or to plant or animal life, harm or material discomfort to any person, an adverse effect on the health of any person, impairment of the safety of any person, rendering any property or plant or animal life unfit for human use, loss of enjoyment of normal use of property, and interference with the normal conduct of business.

“Ambient sound level”

means background sound level.

“Auxiliary transportation facilities”

means locations where support operations and activities associated with the operation or housing of the transportation equipment (or personnel) take place. Examples of auxiliary transportation facilities include, but are not limited to vehicle storage and maintenance facilities, and railway yards. Typical sources of noise associated with auxiliary transportation facilities include, but are not limited to, substations, transformers, emergency power generators, mechanical equipment plants, emergency services buildings, fans, and fan/vent shafts.



“Background sound level”

is the sound level that is present in the environment, produced by noise sources other than the source under impact assessment. Highly intrusive short duration noise caused by a source such as an aircraft fly-over or a train (including LRT) pass-by is excluded from the determination of the background sound level.

For the purposes of noise assessments related to Stationary Sources, for Class 1, 2, 4 and 5 sites/areas, the background sound level is in terms of One-Hour Equivalent Sound Level (Leq). For Class 3 sites/areas, the background sound level is the lesser of the One-Hour Equivalent Sound Level (Leq). The background sound level for a Class 3 site/area needs to be determined by measurement, according to References [5] and [6], unless the Exclusion Limit values are adopted.

“Class 1 Area”

means an area with an acoustical environment typical of a major population centre, where the background sound level is dominated by the activities of people, usually road traffic, often referred to as “urban hum.”

“Class 2 Area”

means an area with an acoustical environment that has qualities representative of both Class 1 and Class 3 Areas:

sound levels characteristic of Class 1 during daytime (07:00 to 19:00 or to 23:00 hours);

low evening and night background sound level defined by natural environment and infrequent human activity starting as early as 19:00 hours (19:00 or 23:00 to 07:00 hours);

no clearly audible sound from Stationary Sources other than from those under impact assessment.

“Class 3 Area”

means a rural area with an acoustical environment that is dominated by natural sounds having little or no road traffic, such as:

a small community; agricultural area; a rural recreational area such as a cottage or a resort area; or a wilderness area.

“Class 4 Area”

means an area or a specific site that would otherwise be defined as Class 1 or 2 and:

1. is intended for new noise sensitive use(s), and



2. is in proximity to existing, legitimately established Stationary Sources such as industry or commercial uses, and

3. is designated by the land use planning approval authority for new development or redevelopment with sensitive uses, and

4. is designated by the land use planning approval authority as a Class 4 Area.

Once a site or area is designated Class 4 it will remain as Class 4, subject to continuing presence of the Stationary Source(s) described above. Adjacent or other nearby sites, particularly with existing noise sensitive uses, may be defined as Class 1 or 2 and will remain as such unless an existing noise sensitive use is proposed to be redeveloped or rebuilt, at which time it may be treated as a new noise sensitive use and considered as Class 4, upon designation by the land use planning approval authority.

“Class 5 Area”

means an area or a specific site that would otherwise be defined as Class 1 and:

1. contains existing noise sensitive uses or is proposed for new noise sensitive uses;

2. is in proximity to one or more noise sources, such as an airport or railway corridor, whose contribution would normally be excluded from the background sound level for determining Stationary Source noise criteria; and

3. is already subject on a daily basis to sound levels from these sources that are at least 10 dBA higher than the noise criteria applicable in a Class 1 area, based on both Leq 16 (day) and Leq 8 (night), as determined by measurement or calculation using methods/models acceptable to MOE.

“Committed noise sensitive land use”

means a land use that has been zoned by the approval authority, but does not yet exist.

“Construction”

includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground level, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and includes any work in connection therewith.



“Conveyance”

includes a vehicle and any other device employed to transport a person or persons or goods from place to place but does not include any such device or vehicle if operated only within the premises of a person.

“dBA”

means the A-weighted sound pressure level.

“dBAI”

means the A-weighted sound pressure level of an impulsive sound measured with a sound level metre set to “impulse” response.

“Enclosed Noise Buffer (ENB) balcony”

means a balcony specifically intended to buffer one or more windows on a noise sensitive space(s). The concept of Enclosed Noise Buffer Balconies generally applies to multi unit buildings. The characteristics of an ENB Balcony are listed below:

not less than one metre and not more than two metres deep; fully enclosed with floor to ceiling glazing or a combination of solid parapet

plus glazing above – glazing can potentially be operable to the maximum permitted by the Ontario Building Code (OBC);

not air conditioned or heated but can be mechanically ventilated and supplied with tempered air;

finished on the interior surfaces only with weatherproof materials that are typical of outdoor balconies that are not enclosed, for example, concrete floor and ceiling, brick or precast concrete walls (no gypsum wall board);

separated from interior space with a weatherproof boundary of exterior grade wall, exterior grade window, exterior grade door, or any combination, in compliance with exterior envelope requirements of the OBC;

of sufficient horizontal extent to overlap windows of noise sensitive spaces such as bedrooms, living/dining rooms, dens, kitchens, but not necessarily bathrooms or service type spaces. Multiple ENB balconies or a single ENB balcony may buffer multiple windows of a given noise sensitive space.

“Exclusion Limit”

means the minimum sound level that a stationary noise source or a facility is required to achieve.

“Highway”

“highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle designed and intended for, or used by, the general public for the passage of vehicles.



“Indoor sound level”

is the sound level calculated or measured in the central part of a room.

“Leq (T): Leq (16), Leq (8), Leq (1)”

means the A-weighted sound level of a steady sound carrying the same total energy in the time period T as the observed fluctuating sound. The time period T is given in hours.

“MOE”

means the Ontario Ministry of the Environment.

“MOE Approval”

means a Certificate of Approval issued under Section 9 of the Environmental Protection Act or Renewable Energy Approval issued under Section 47.3 of the Environmental Protection Act.

“Motor vehicle”

includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power, but does not include the cars of diesel, electric or steam railways, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of animal husbandry or road-building machine within the meaning of the Highway Traffic Act.

“Motorized conveyance”

means a conveyance propelled or driven otherwise than by muscular, gravitational or wind power.

“NEF/NEP”

means Noise Exposure Forecast/Noise Exposure Projection contours for airports.

“Noise”

means unwanted sound.

“Noise control measure”

refers to an action, which can be taken to achieve compatibility for the specific land use or activity with respect to noise. The noise control measure needs to be permanent in nature and not be readily removable or alterable by the future occupants. Noise control measures may include, but are not limited to, the following, subject to restrictions detailed in Part C regarding the use of some of the listed measures (i.e., some noise control measures may not be acceptable in some circumstances):



Acoustical barriers − berms, walls, favourable topographical features, other intervening structures;

Architectural design − room and corridor arrangement, blank walls, windows, balconies, courtyards, building height;

Building construction – cavity walls, resiliently suspended sound isolation clips, special acoustical materials, and other sound isolation details;

Mitigation at source − noise control applied directly to the noise source; Site planning − orientation of buildings and Outdoor Living Areas (OLAs)

with respect to noise sources, spatial separation such as the insertion of noise insensitive land uses between source and receiver, appropriate setbacks, and the use of intervening service roads.

The implementation and maintenance of noise control measures need to be included in the development or other agreement between the developer and the land use planning approval authority (e.g., municipality) that is registered on title.

“Noise sensitive land uses”

means

buildings, amenity areas or outdoor spaces where routine or normal activities occurring at reasonably expected times would experience one or more adverse effects from noise emitted by a nearby source,

uses within, including but not limited to, residential, institutional, educational or ecclesiastical properties, and

includes the following specifically named or analogous uses: permanent or seasonal residences; rental residences; hotels/motels; hospitals; nursing/retirement homes; sleeping quarters of campsites; schools; sleeping quarters of detention centres; places of worship and daycare centres.

From a land use planning perspective a Noise Sensitive Land Use is one entity, which may be comprised of spaces that are noise sensitive and spaces that are not noise sensitive. A use that would normally be considered noise sensitive but is directly associated with the Stationary Source and located on the site of a Stationary Source, such as a caretaker’s residence, is not considered a Noise Sensitive Land Use.

“Noise sensitive spaces"

means rooms or areas of a noise sensitive uses that are noise sensitive. Examples include, but are not limited to: bedrooms; or equivalent sleeping quarters such as patient rooms; living/dining rooms; eat-in kitchens; dens; lounges; classrooms; therapy or treatment rooms and assembly spaces for worship.



“Outdoor Living Area (OLA)”

means that part of a noise sensitive use, such as residential, that is:

intended and designed for the quiet enjoyment of the outdoor environment; readily accessible from the building.

The OLA includes, but is not limited to:

backyards, front yards, gardens, terraces or patios; balconies and elevated terraces (e.g., rooftops) provided they are the only

outdoor area for the occupant and meet all of the following conditions: a) minimum depth of 4 metres, and b) outside the exterior building façade and c) not enclosed.

common outdoor amenity areas associated with multi-storey apartment buildings or condominiums.

For the purposes of noise impact assessment in an OLA at grade, the point of assessment is typically 3 metres from the building façade along a line extending perpendicularly from the midpoint of the façade that adjoins the OLA. For elevated OLAs or those at grade that are less than 6 metres in depth, the point of assessment is the middle of the OLA. The points of assessment are at standing height (1.5 metres) above grade or floor level.

“Point of Reception”

means any point outdoors on the premises of a person where sound or vibration originating from other than those premises is received (except as qualified below) and where:

an existing or proposed noise sensitive use (for example, residential or a campsite) is permitted on the premises by zoning; or

an existing noise sensitive use is a legal non-conforming use.

For equipment/facilities that may produce noise and are proposed on premises such as nursing/retirement homes, rental residences, hospitals and schools, the Point of Reception may be located on the same premises as the source of the noise.

A Point of Reception may exist either:

(i) at standing height (1.5 metres) and within 30 metres of a façade of a building housing a noise sensitive use or of a campsite, and where a person can reasonably be expected to spend time for normal and routine activities associated with the permitted sensitive use, at reasonably expected times; or

(ii) on the exterior planes of any windows on noise sensitive spaces.

Points of Reception as described in (i) above may exist in, but are not limited to:

backyards, front yards, gardens, terraces or patios;



balconies and elevated terraces (e.g., rooftops) provided they are the only outdoor area for the occupant and meet all of the following conditions:

a) minimum depth of 4 metres, and b) outside the exterior building façade, and; c) not enclosed.

common outdoor amenity areas associated with multi-storey apartment buildings or condominiums.

The location of noise impact assessment at a Points of Reception described in (ii) needs to be:

a minimum of 1.5 metres above grade for living and sleeping spaces in one- storey buildings;

a minimum of 4.5 metres for the second storey of two-storey buildings and a minimum of 7.5 metres for the third storey of three-storey buildings;

the first storey, the top storey and any storeys in between that would experience higher sound levels or greater excesses due to Stationary Sources, for multi-storey buildings;

the vertical midpoint of the storey being assessed and needs to be at the same elevation for both living and sleeping spaces in multi-storey buildings;

unless architectural design information indicates otherwise.

“Predictable worst case”

The assessment of noise impact requires the determination of the “predictable worst case” impact. The “predictable worst case” impact assessment establishes the largest noise excess produced by the source over the applicable limit.

The “predictable worst case” impact does not necessarily mean that the sound level of the source is highest; it means that the excess over the limit is largest. For example, the excess over the applicable limit at night may be larger even if the daytime sound level produced by the source is higher because the night-time limit is generally more stringent than the daytime limit. The assessment needs to reflect a planned and predictable mode of operation of the Stationary Source.

Infrequent, but regular, routine, sound-producing activities that occur at least twice per month and emit sound for at least one half hour on each occasion are considered planned and predictable even if not occurring at precisely the same time on each occurrence and needs to be included in the predictable worst-case scenario. Potential future expansion or changes to the Stationary Source need to be taken into account where the expansion/changes are likely to be implemented within the following three to five years, where there are provisions for such expansion in the design and construction of the existing facility, where a corporate plan is in place for expansion/change, or where the history of the Stationary Source indicates that a pattern of continued expansion is likely, or where a Basic Comprehensive



Certificate of Approval provides for increased production with attendant addition of equipment and increased activity.

“Stationary Source”

means a source of sound or combination of sources of sound that are included and normally operated within the property lines of a facility, and includes the premises of a person as one Stationary Source, unless the dominant source of sound on those premises is construction.

In the context of noise impact assessment, three categories of sources of sound are listed below in sections (1), (2) and (3). The three categories for sources of sound are; sources which are considered as Stationary Sources, sources which are not considered as Stationary Sources, and sources which are excluded from the requirement of a noise impact assessment.

(1) Sources considered as Stationary Sources

The following are examples of sources and facilities that are Stationary Sources. Some of the listed stationary sources, identified by an asterisk (*), may be exempt from the requirements for an MOE approval because they are included in Ontario Regulation 524/98, Certificate of Approval Exemptions, or because they are not under Provincial jurisdiction.

industrial facilities; railway yards *; works yards; repair or storage garages for public vehicles; commercial facilities; auxiliary transportation facilities (e.g., ventilation fans and shafts,

transformer substations); aggregate extraction facilities; aggregate crushing and screening equipment situated and operating

below grade *, warehousing and truck terminal facilities; maintenance and repair facilities; snow disposal sites *; routine loading and unloading facilities (truck terminals, assembly plants,

supermarkets, etc.); car washes *; race tracks *; firearm Ranges/Gun Clubs *; natural gas facilities; wind farms / wind turbine generators; solar farms / solar panels.

Below are examples of specific activities and equipment associated with Stationary Sources that are governed by the limits of Part B and Part C of



this guideline (Publication NPC-300). Stationary Sources are usually comprised of many sources of sound from various activities and equipment. The Stationary Source is understood to encompass all the activities taking place within the property boundary of the facility, including regular on-site truck traffic and material handling, and may include the following equipment:

rotating machinery including fans and blowers; impacting mechanical sources such presses and forges; transformers, inverters, generators and turbines; heating, ventilating and air conditioning (HVAC) equipment, including

cooling towers, compressors, chillers; boilers, burners, dryers, furnaces and incinerators, including grain dryers; aggregate processing equipment such as crushers, screeners and

associated equipment; dust collectors; wood processing equipment such as grinders, chippers, debarkers, mills; routine loading and unloading activity; on-site movement of trucks and trailers.

(2) Sources not considered as Stationary Sources

The limits of Part B and Part C of this guideline (Publication NPC-300) do not apply to the noise sources specified below. The following are examples of specific sources, activities, equipment or facilities that are excluded:

construction activities; transportation corridors, i.e., roadways and railways; residential air conditioning devices including air conditioners and heat

pumps; gas stations; auditory warning devices required or authorized by-law or in accordance

with good safety practices; ‘back up beepers’ on construction equipment or other vehicles; occasional movement of vehicles on the property such as infrequent

delivery of goods to convenience stores, fast food restaurants, etc., or parking lots for private passenger vehicles at offices or commercial

facilities such as retail stores, plazas or shopping malls or employee parking lots at industries and commuter parking lots.

The limits of Part B and Part C of this guideline (Publication NPC-300) do not apply to noise sources from agricultural operations. Noise sources from agricultural operations are addressed through the Farming & Food Production Protection Act (FFPPA), 1998. Examples of noise sources from agricultural operations include, but are not limited to:



bird-scaring devices, more often referred to as ‘bird bangers’ or ‘electronic scarers’ to protect harvestable agricultural crops such as grapes, sweet cherries, blueberries or other crops;

wind machines used to protect agricultural crops, such as grapes, against cold injury;

irrigation pumps used for horticultural, field or nursery crops; any equipment, apparatus or device used in agriculture for food crop

seeding, chemical spraying or harvesting, or other noises on agricultural operations by stationary sources during

normal farm practice’.

Other excluded noise sources, which are normally addressed in a qualitative manner in municipal noise by-laws are:

the operation of auditory signalling devices, including but not limited to the ringing of bells or gongs and the blowing of horns or sirens or whistles, or the production, reproduction or amplification of any similar sounds by electronic means;

noise produced by animals kept as domestic pets such as dogs barking; tools and devices used by occupants for domestic purposes such as

domestic power tools, radios and televisions, etc., or activities associated with domestic situations such as domestic quarrels, noisy parties, etc.;

noise resulting from gathering of people at facilities such as restaurants, fairs and parks;

activities related to essential services and maintenance of public facilities such as, but not limited to, roadways, parks and sewers, snow removal, road cleaning, road repair and maintenance, lawn mowing and maintenance, sewage removal, garbage collection.

(3) Sources exempt from noise impact assessment

Noise or vibration sources, equipment, activities or facilities connected with emergency measures undertaken for:

the immediate health, safety or welfare of inhabitants; or the preservation or restoration of property; unless such noise or vibration

is clearly of a longer duration or nature more disturbing than is reasonably necessary for the accomplishment of such emergency purpose;

are exempt from the application of the limits in Part B and Part C of this guideline (Publication NPC-300).

“Time Periods”

“Daytime”: is the 16-hour period between 07:00 and 23:00 hours; “Night-time”: is the 8-hour period between 23:00 and 07:00 hours.



“Urban hum”

means aggregate sound of many unidentifiable sources due to the activities of people, mostly road traffic related sound sources.

“Warning clause” (or “Environmental warning/restriction”)

means a notification of or obligation to notify a potential purchaser or tenant of a potential annoyance due to a source of environmental noise. Warning clauses need to be included in Offers of Purchase and Sale, or Rental and registered on title to the lands in question via appropriate agreements with the land use planning approval authority.

“Window on a Noise Sensitive Space”

means windows on an exterior façade of a Noise Sensitive Space.

Other technical terms are defined in Reference [4].

A5 Legislative Background

This guideline (Publication NPC-300) is used to support the legislation noted below, in the context of environmental noise and vibration.

A5.1 Environmental Protection Act

A fundamental principle of the Environmental Protection Act (EPA) is the control of contaminants that may cause an adverse effect. A contaminant for the purpose of the legislation means any solid, liquid, gas, odour, heat, sound, vibration, radiation or combination of these resulting from human activities that may cause an adverse effect.

The prohibition of Section 14 of the EPA states, “no person shall discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment that causes or is likely to cause an adverse effect”. An adverse effect is defined by subsection 1(1) of the EPA and has been included in the definition section of this guideline (Publication NPC-300).

Under the provisions of Section 9 of the EPA, no person shall, except under and in accordance with a valid Certificate of Approval (C of A), construct, alter, extend or replace any plant, structure, equipment, mechanism or thing that may discharge or from which may be discharged a contaminant into any part of the natural environment.

Under the provisions of Section 47.3 of the EPA, a person shall not engage in a renewable energy project except under the authority of and in accordance with a Renewable Energy Approval issued by the Director, if engaging in the project involves engaging in a number of activities, including but not limited to the following:



An activity for which, in the absence of subsection 47.3 (2), subsection 9 (1) or (7) of the EPA would require a Certificate of Approval.

An activity for which, in the absence of subsection 47.3 (2), subsection 27 (1) of the EPA would require a Certificate of Approval or provisional Certificate of Approval.

Ontario Regulation 524/98, Certificate of Approval Exemptions – Air, provides exemptions from the application of Section 9 of the EPA.

A5.2 Environmental Assessment Act

Under the provisions of the Environmental Assessment Act (EAA), the definition of “environment” includes “any solid, liquid, gas, odour, heat, sound, vibration or radiation resulting directly or indirectly from human activities.” The EAA requires that environmental assessments for undertakings describe “the effects that will be caused or that might reasonably be expected to be caused to the environment.”

This guideline (Publication NPC-300) is used to implement the applicable requirements of the EAA, as in the noise impact assessment of proposed large electricity generating facilities.

A5.3 Planning Act

The Planning Act (PA) establishes the rules for land use planning in Ontario. It sets out, among other matters, the process for local planning administration, the preparation of municipal Official Plans to guide future development, the regulation of land use and development through zoning, site plan control and development permit system by-laws, the division of land by severances and plan of subdivision and the role of Ontario citizens and landowners in land use planning.

Planning policies in Official Plans; zoning, site plan control and development permit system by-laws; and other instruments issued under the PA need to require the provision of information in order to assess the effects of noise and vibration emissions from potential sources and the impacts on noise sensitive land uses. The NPC guidelines are used to assess the land use compatibility of sources or facilities and sensitive land uses and implement the objectives of the PA.

The PA provides for the issuance of formal policy statements that provide policy direction on matters of provincial interest related to land use planning and development. The Provincial Policy Statement, 2005 (PPS), issued under the Planning Act directs, among other things, that major facilities (such as airports, transportation/transit/rail infrastructure and corridors, intermodal facilities, sewage treatment facilities, waste management systems, oil and gas pipelines, industries and resource extraction activities) and sensitive uses are appropriately designed, buffered and/or separated from each other to prevent adverse effects. The PPS further directs



that healthy, liveable, and safe communities are sustained by, among other things, avoiding development and land use patterns that may cause environmental or public health and safety concerns. The PPS also includes other policies which need to be considered, such as the employment lands policies and policies protecting infrastructure corridors.

A5.4 Municipal Act

The Municipal Act (MA) empowers municipalities to enact noise by-laws to control sound (noise). The NPC guidelines are included in many municipal noise by-laws enacted under the MA.

A5.5 Aggregate Resources Act

The NPC guidelines are utilized in the licensing process for quarries and pits issued under the Aggregate Resources Act (ARA).

A6 Noise Pollution Control Guidelines

The Noise Pollution Control (NPC) guidelines can be divided into two fundamental categories. The first category contains procedural guidelines that provide measurement and calculation procedures, instrumentation specifications and applicable definitions. The second category contains criteria guidelines that provide the applicable noise and/or vibration limits or emission standards.

A6.1 Procedural Guidelines

Publication NPC-101, Technical Definitions, contains the applicable terminology utilized in all NPC guidelines.

Publications NPC-102, Instrumentation, NPC-103, Procedures, and NPC-104, Sound Level Adjustments, set out the minimum specifications for instrumentation used in the measurement of sound and present the applicable measurement procedures.

Publication NPC-206, Sound Levels Due to Road Traffic, describes the methods to determine the sound level of sound produced by road traffic.

Publication NPC-233, Information to be Submitted for Approval of Stationary Sources of Sound, describes required technical information to be submitted for approval to operate Stationary Sources of sound and vibration.

Various MOE guidance materials exist to assist in the making of applications for Cs of A under Section 9 of the EPA.



A6.2 Criteria Guidelines

Part B of NPC-300, herein, is the primary publication containing sound level limits for the assessment of Stationary Sources of sound.

Part C of NPC-300, herein, is the primary publication containing sound level limits for the assessment and planning of noise sensitive land uses.

Publication NPC-216, Residential Air Conditioning Devices, describes sound level limits and sound emission standards for residential air conditioning devices.

Publication NPC-119, Blasting, contains noise and vibration limits due to blasting operations in mines and quarries.

Publications NPC-115, Construction Equipment, NPC-117, Domestic Outdoor Power Tools, and NPC-118, Motorized Conveyances, contain sound emission standards for the specified equipment.

Draft Publication NPC-207, Impulse Vibration in Residential Buildings, describes the measurement procedure and applicable vibration limits for impulse vibration in residential buildings.

Noise Guidelines for Wind Farms, October 2008 (Reference [23]), describes the sound level limits for wind farms.

Draft Publication, Noise Guidelines for Landfill Sites, October 1998 (Reference [24]), provides sound limits for landfills.

A7 Noise Assessment Criteria

The criteria in Parts B and C of this guideline (Publication NPC-300) have been designed based on the principle that sound level limits complying with the criteria minimize the potential for adverse effects from noise. They are intended to assist in the planning of land uses where noise may have a potential impact on future occupants.

Two basic philosophies exist for establishing environmental noise criteria:

(1) Relative criterion, where the acceptable sound level of the source under investigation is related to (and limited by) the background sound level. The primary reference for this type of criterion is the work performed in the 1960s by the National Physical Laboratory in the United Kingdom, and subsequently, the standards published by the International Organization for Standardization, ISO 1996-01, Reference [13].

(2) Absolute criterion, where the acceptable sound level is given by an absolute sound level limit. The primary reference for this type of criterion is the work of the United States Environmental Protection Agency, conducted in the early 1970s, Reference [14].



The foremost advantage of the relative method is that it is more directly related to the way in which noise is generally perceived. The principal advantage of the absolute method is its simplicity of application. The relative approach is most appropriate in situations where there is an identifiable difference between the background noise and the noise of the source under investigation. In view of the fact that the background noise is generally caused by road traffic, this approach cannot be applied to establish criteria for road traffic. The absolute method is best applied in situations where the noise impact is caused by a “general, prevailing” noise and where a simple assessment method is required. This method provides the same “yardstick” for all situations.

Both of the above approaches to establishing noise criteria are correct, and both have been adopted by MOE, as well as other agencies, to address conditions for which they are most suitable. The MOE has been successfully using both methods since the late 1970s. The absolute method has been adopted by the MOE to assess the impact of road traffic and other transportation sources; a combination of the relative and the absolute methods has been adopted by the MOE to assess Stationary Sources of sound such as industrial facilities.



Part B STATIONARY SOURCES

B1 General

Part A needs to be read in conjunction with this Part.

B1.1 Scope

Part B provides sound level limits for Stationary Sources such as industrial and commercial establishments or auxiliary transportation facilities, affecting Points of Reception in noise sensitive land uses. The limits apply to the assessment of planned new, expanded or modified Stationary Sources of sound in compliance with Section 9 and Section 47.3 of the EPA, and under the provisions of the EAA and the ARA. The sound level limits also apply to noise-related incidents reported to the MOE, which are investigated to determine the potential for an adverse effect, in violation of Section 14 of the EPA .

B2 Establishment of Sound Level Limits – Objective

The sound level limit at a Point of Reception needs to be established based on the principle of “predictable worst case” noise impact. In general, the limit is set at the same sound level as the background sound level at the Point of Reception. The sound level limit needs to represent the minimum background sound level that occurs or is likely to occur during the time-period corresponding to the operation of the Stationary Source under impact assessment.

B3 Background Sound Levels

Background sound levels are typically caused by road traffic, except in areas well removed from the activities of people. Road traffic sound levels are determined in accordance with References [9] and [10] or by such other methods/models acceptable to MOE. Sound from existing adjacent Stationary Sources may be included in the determination of the background One-Hour Equivalent Sound Level (Leq) if such Stationary Sources of sound have the appropriate level of regulatory approvals and are not under consideration for noise abatement by the municipality or the MOE.

In general, the background sound level and the sound level of the Stationary Source need to be determined concurrently. Where measurements are used, the time interval between the background sound level measurement and the measurement of the sound level produced by the Stationary Source under impact assessment needs to be minimized as much as possible. Preferably, the two measurements need to be carried out within one-hour of each other.



B4 Sound Levels due to Stationary Sources

(1) Approval of Stationary Sources

The One-Hour Equivalent Sound Level (Leq) and/or the Logarithmic Mean Impulse Sound Level (LLM) produced by the Stationary Sources are to be obtained by measurement and/or prediction. The estimation of the Leq and/or LLM of the Stationary Source under impact assessment needs to reflect the principle of “predictable worst case” noise impact. The “predictable worst case” noise impact at a Point of Reception occurs during the hour when the difference between the predicted sound level produced by the Stationary Source and the background sound level of the natural environment is at a maximum. See definitions in Part A.

(2) Complaint Investigation of Stationary Sources

The One-Hour Equivalent Sound Level (Leq) and/or the Logarithmic Mean Impulse Sound Level (LLM) produced by the existing Stationary Sources are to be obtained by measurements done in accordance with Section B9.

B5 Sound Level Limits – General

Note that the criteria given below are the same as those presented in Part C for the planning of new noise sensitive land uses.

B5.1 Steady and Varying Sound – Outdoors and Exterior Plane of Window

For sound from a Stationary Source including Quasi-Steady Impulsive Sound but not including other impulsive sound, the sound level limit at a Point of Reception expressed in terms of the One-Hour Equivalent Sound Level (Leq) is the higher of the applicable Exclusion Limit value given in Table B-1 or Table B-2, or the background One-Hour Equivalent Sound Level (Leq) for that Point of Reception. The outdoor sound level criteria (excluding exterior planes of window) for Stationary Sources apply only to daytime (07:00 – 23:00 hours).

Note that for Class 1, 2 and 3 areas, the plane of window criteria applies to a window that is assumed to be open. For Class 4 and 5 areas, plane of window criteria apply to a window, which is assumed to be closed. This distinction does not affect the prediction of plane of window sound levels.



Table B-1

Exclusion Limit Values of One-Hour Equivalent Sound Level (Leq , dBA)

Outdoor Points of Reception (Not Including Exterior Planes of Window)

Time of Day Class 1 Areas Class 2 Areas Class 3 Area Class 4 and 5 Areas

07:00 – 19:00 50 50 45 55

19:00 – 23:00 50 45 40 55

Table B-2

Exclusion Limit Values of One-Hour Equivalent Sound Level (Leq, dBA)

Exterior Plane of Window

Space Time of Day Class 1 Areas Class 2 Areas Class 3 Area Class 4 and 5

Areas

07:00 – 19:00 50 50 45 60

19:00 – 23:00 50 50 40 60

Living Spaces: living/dining rooms, dens, kitchen

23:00 – 07:00 45 45 40 55

07:00 – 19:00 50 50 45 60

19:00 – 23:00 50 50 40 60 Sleeping quarters

23:00 – 07:00 45 45 40 55

B5.2 Impulsive Sound – Outdoors and Exterior Plane of Window

For impulsive sound, other than Quasi-Steady Impulsive Sound, from a Stationary Source, the sound level limit at a Point of Reception expressed in terms of Logarithmic Mean Impulse Sound Level (LLM) is the higher of the applicable Exclusion Limit value given in Table B-3 or Table B-4, or the background One-Hour Equivalent Sound Level (Leq) for that Point of Reception. The outdoor sound level criteria (not including exterior planes of window) for Stationary Sources apply only to daytime (07:00 – 23:00 hours).



Table B-3

Exclusion Limit Values for Impulsive Sound Level (LLM, dBAI)


Time of Day Number of Impulses in

Period of One-Hour Class 1 Areas Class 2 Areas Class 3 Area

Class 4 and 5 Areas

9 or more 50 50 45 55

7 to 8 55 55 50 60

5 to 6 60 60 55 65

4 65 65 60 70

3 70 70 65 75

2 75 75 70 80

07:00 – 23:00

1 80 80 75 85

Table B-4


Exterior Plane of Window – Living and Bedroom Spaces (Day/Night)

Number of Impulses in Period of One-Hour

Class 1 Areas (07:00-23:00)/ (23:00-07:00)

Class 2 Areas (07:00-23:00)/ (23:00-07:00)

Class 3 Area (07:00-19:00)/ (19:00-07:00)

Class 4 and 5 Areas (07:00-23:00)/ (23:00-07:00)

9 or more 50/45 50/45 45/40 60/55

7 to 8 55/50 55/50 50/45 65/60

5 to 6 60/55 60/55 55/50 70/65

4 65/60 65/60 60/55 75/70

3 70/65 70/65 65/60 80/75

2 75/70 75/70 70/65 85/80

1 80/75 80/75 75/70 90/85

For noise sensitive uses such as campsites, where there are no buildings or planes of windows, noise criteria in Table B-1 and Table B-3 apply within a radius of 30 metres of the campsite or other noise sensitive use.



B6 Noise Impact Assessment – Multiple Sources

Impulse sources and non-impulse sources are to be analyzed separately. For non-impulse sources, the noise assessment needs to be based on the combined effect of all sources comprising the Stationary Source, added together on an energy basis.

B7 Determination of Area Class

Area classification refers to the receptor location.

B7.1 Class 1, 2 and 3 Area

Determination of whether an area is Class 1, 2 or 3 can usually be done by determining the proximity of the Point of Reception to roads, the volumes of road traffic (and associated sound levels), and the nature of land uses and activities (or lack thereof) in the area, as a function of time.

B7.2 Class 4 Area

Classifying an area or site as Class 4 requires a formal confirmation of concurrence by the land use planning approval authority of concurrence. Such confirmation may be provided through policies or designations in the Official Plan, zoning by-laws, resolution of Council, or other means including a written statement by the planning head of the land use planning approval authority.

B7.3 Class 5 Area

Classifying an area as Class 5 requires an analysis of the sound environment to establish that existing sound levels (excluding any Stationary Sources) are sufficiently high to merit this classification. Typically, the sound environment of Class 5 areas would be dominated by sound levels produced by rail or aircraft noise that are significantly elevated above the background sound level due to road traffic.

Noise sensitive uses that have been developed in areas that potentially are Class 5 would be expected to have incorporated various noise mitigation measures to protect indoor spaces, such as appropriate windows (and air conditioning). Compliance with the applicable indoor sound level criteria for transportation sources of sound assumes closed windows.

B7.4 Area Classification Issues

Once an area is classified, the same classification and the related sound limit criteria, apply to the land use planning approval of the noise sensitive use, as well as the MOE approval(s) issued for the Stationary Source(s).



All Class 4 and Class 5 areas require a noise study that includes a technical justification of the classification. All Class 4 areas also require written confirmation from the land use planning approval authority of the Class 4 designation.

Where a noise sensitive use has been approved in proximity to a Stationary Source(s) in a Class 4 or Class 5 area, a copy of the noise study is to be provided by the land use planning approval authority to the owner(s) of the Stationary Source(s). In a Class 4 area, the written confirmation of the area classification from the land use planning approval authority is also to be provided. This will allow the Stationary Source(s) to use the appropriate classification and noise criteria in applications for MOE approvals.

B8 Point of Reception on a Vacant Lot

Points of Reception may exist on vacant lots if they have been zoned by the municipality to permit residential or other noise sensitive uses.

If the design concept of the future development on the vacant lot is known, the Points of Reception for noise assessment are to be selected based on that design concept and the predictable worst case.

If the design of the future development is not known, the Points of Reception for the purposes of noise assessment needs to be selected based on a one-hectare (10,000 metres2) building envelope within the vacant lot property that would reasonably be expected to contain the use, and that conforms with the municipal zoning by-laws in effect. The specific Point of Reception for assessment purposes needs to be at a location and height that results in the predictable worst case sound levels, and is:

consistent with the typical building pattern in the area or if such a pattern is not apparent; or

at the centre of the one hectare building envelope, at a minimum height of 4.5 metres.

For vacant lots smaller than one hectare, the Points of Reception need to be selected based a building envelope which includes the entire vacant lot with consideration given to conformity with the municipal zoning by-laws in effect.

B9 Procedures

The impact assessment of noise produced by Stationary Source(s) is done by either prediction or measurement, or a combination of both. The noise impact assessment descriptor is the One-Hour Equivalent Sound Level (Leq) and/or the Logarithmic Mean Impulse Sound Level (LLM), and the noise impact is evaluated at one or more Points of Reception. When applicable, the measured or predicted sound levels have to be



adjusted for special sound characteristics such as tonality, impulsiveness and cyclic variation in order to reflect the increased annoyance to such sounds.

The noise impact assessment at building façades, planes of windows and OLAs needs to be done based on “free field” sound levels, and exclude the sound pressure doubling effects of immediately adjacent receptor building surfaces.

All sound level measurements and calculations need to be made in accordance with References [5], [6], [7], [9], [10] and [28] or such other procedures acceptable to the MOE.

For purposes of establishing compliance with the Stationary Source plane of window sound level limits, the assumption will be made that one or more windows, associated with noise sensitive spaces, are located on each floor level of any façade of a noise sensitive use with a full or partial view (exposure) to a Stationary Source.

Exceptions to the above can be made when it can be demonstrated that specific windows are not associated with noise sensitive spaces and that the architectural design is not amenable to converting the associated space to being noise sensitive. For example:

a) in-operable windows to a single loaded corridor serving multiple suites in a multi-family dwelling need not comply with plane of window sound level criteria.

b) plane of window criteria do not apply to the glazing of Enclosed Noise Buffer (ENB) balconies where it can be shown that the plane of window sound limits will be met at the windows on noise sensitive spaces buffered by the ENB balcony.

B10 Development of Adjacent Lands

Where a site in proximity to a Stationary Source is in the process of being developed or redeveloped for sensitive uses (such as residential), the potential exists that, without any direct contribution or culpability of the Stationary Source, the new development puts the Stationary Source into non-compliance with the sound level limits and the MOE Approval.

It is the responsibility of the proponent/developer of the noise sensitive use to ensure that the applicable sound level criteria are met. A cooperative effort on the part of the developer and the Stationary Source owner is desirable for both parties, and in most cases will be required to ensure the applicable sound level criteria are met. For the developer, cooperation will result in more economical noise control measures. For the owner of the Stationary Source, there is a risk in refusing cooperation. If the owner of the Stationary Source chooses not to cooperate and the land is developed without appropriate noise controls, the situation may result in complaints by the occupants of



the new development and possible action by the authorities or the occupants against the owner of the Stationary Source.



Part C LAND USE PLANNING

C1 General

Part A needs to be read in conjunction with this Part.

C1.1 Scope

Part C defines criteria for assessment of the noise impact on proposed residential or other noise sensitive land uses and specifies procedures to determine sound levels on the site of proposed noise sensitive land uses due to transportation sources (road, rail and air traffic) as well as Stationary Sources (such as industrial and commercial activities). Acceptable noise control measures are indicated.

Responsibilities for achieving the sound level criteria that ensure a comfortable living environment are assigned. Guidance in the form of appropriate land use planning criteria and procedures is provided for development of noise sensitive land uses in proximity to industrial or commercial activities.

Part C of this guideline (Publication NPC-300) is intended to provide a common framework for land use planning approval authorities, developers and consultants to address environmental noise in the land use planning process. It is also intended to create compatibility between adjacent land uses, with respect to noise. Guidance is also presented on supplementary noise criteria for new developments that are not formally considered noise sensitive uses in the land use planning approvals process.

The objectives of noise assessments conducted as part of the land use planning approvals process for the development or introduction of noise sensitive land uses, are:

(1) to create a suitable acoustical environment for the users/occupants/residents of the proposed sensitive uses;

(2) to protect the legitimate operations of any Stationary Source(s) located close to a proposed noise sensitive use (Stationary Sources, such as industries need to be able to maintain compliance with the legal requirements of their MOE Approval, when the development of new sensitive uses are introduced in their proximity); and

(3) to create compatible land uses and avoid potential “adverse effects” due to noise between adjacent land uses.



C1.2 Implementation

C1.2.1 Land Use Planning Authorities Implementation

The guideline (Publication NPC-300) is intended for use by land use planning authorities; municipalities or planning boards or other ministries and agencies in the preparation of Official Plans, Official Plan Amendments, comprehensive zoning by-laws, zoning by-law amendments, plans of subdivisions, plans of condominiums, and other applications under the PA and other legislation which involves elements of land use planning (e.g., ARA).

C1.2.2 Technical Procedures

Specific information on the technical implementation procedures are found in other publications, listed in References in Part A. Reference [11] provides information regarding the use of warning clauses.

C1.3 Responsibility

It is the responsibility of the proponent of a new noise sensitive land use to ensure that the applicable sound level criteria are met. These responsibilities include:

(1) determining the feasibility of the project, including applicable constraints, before any project action is taken or construction commitment is made;

(2) assessing outdoor and indoor acoustical environments;

(3) ensuring that the required noise control measures are incorporated in the development.

The suitable noise control measures need to be specified in a fully executed development or other agreement between the proponent of the new noise sensitive land use and the land use planning approval authority/municipality, which is then registered on title to the lands.

It is the responsibility of proponent of the noise sensitive land use to ensure compliance with the applicable criteria, including investigation of feasible means of noise impact mitigation. Where practicable, the preferred mitigation option is a reduction of noise emissions at the Stationary Source by modifying the design or the operation of the source, or by implementing noise control measures directly at the source. A cooperative effort on the part of the proponent and the Stationary Source owner is desirable.

The noise control measures that are suitable for mitigation at the site of a Stationary Source need to be specified in a separate agreement between the proponent of the new noise sensitive land use and the owner of the Stationary Source.



C2 Noise Impact Studies

Feasibility or detailed noise impact studies may be required to support the development application for a noise sensitive land use proposal. The objective of the feasibility study is to establish the feasibility of the proposal in the context of site design and the extent of noise control measures such as barriers, ventilation requirements and building components. Feasibility studies need to be submitted with the initial proposal and reviewed for acceptance prior to adoption of Official Plan Amendment, zoning by-law amendments or subdivision or condominium Draft Plan approval.

The feasibility study also needs to assess the site layout including the roadways and orientation of the buildings. The feasibility study needs to consider appropriate zoning for a variety of uses including industrial, commercial, high, low and medium density residential use. The study needs to alert the proponent and the land use planning approval authority of potential for conflicting land uses and determine the practicality and economic feasibility of physical noise control measures, in conjunction with the selected site design. Furthermore, the study needs to include direction on the need for additional detailed studies and provide direction on when the required noise control measures are to be implemented. Should the feasibility study demonstrate that the proposal is feasible, then detailed studies can be requested by the land use planning approval authority as a condition of draft (or development) approval or as part of the site plan approval process.

The purpose of the detailed study is to assess the impact of all noise sources affecting the proposal and determine the appropriate layout, design and required noise control measures which may be addressed through draft approval, site plan and/or other mechanisms. The detailed study report needs to include details of assessment methods, summarize the results and recommend the required outdoor as well as indoor noise control measures.

A qualified individual, preferably a Professional Engineer with experience in environmental acoustics, is expected to prepare noise impact studies.

C2.1 Aircraft Noise

A detailed noise study is required for new sensitive land use proposals that are located at or above Noise Exposure Forecast/Noise Exposure Projection 25 (NEF/NEP 25). This detailed noise study needs to be submitted to the land use planning approval authority with the initial proposal. It should be noted that certain airport facilities and activities such as mechanical systems serving terminals are considered as Stationary Sources of noise.



C2.2 Surface Transportation Noise

C2.2.1 Feasibility Noise Studies

Typical conditions associated with the need for a feasibility study are given below. The primary condition is that:

the sound levels resulting from surface transportation noise affecting the proposed new sensitive land use are expected to exceed the noise criteria by more than 10 dBA.

Alternatively, the requirement for a feasibility study may be defined in terms of a setback distance from the noise source. The following setback distances are guidelines only, as they may vary depending on individual site-specific conditions, particularly topography.

the proposed new sensitive land use is within 100 metres from a freeway right-of-way or 50 metres from a provincial highway or arterial road right-of-way;

the proposed new sensitive land use is within 100 metres from a Principal Main Railway Line right-of-way or 50 metres from a Secondary Main Railway Line right-of-way.

Irrespective of the above conditions, it is in the interest of the proponent to do a feasibility study for a proposed new sensitive land use in the early planning stages.

C2.2.2 Detailed Noise Studies

Typical conditions associated with the need for a detailed study are given below. The primary condition is that:

the sound levels resulting from surface transportation noise affecting the proposed new sensitive land use are expected to exceed the noise criteria by more than 5 dBA.

Alternatively, the requirement for a detailed study may be defined in terms of a setback distance from the noise source. The following setback distances are guidelines only, as they may vary depending on individual site-specific conditions, particularly the presence of built-up areas or individual structures and topography.

the proposed new sensitive land use is within 500 metres from a freeway right-of-way, 250 metres from a provincial highway or arterial road right-of-way, or 100 metres from the right-of-ways of other roads;

the proposed new sensitive land use is within 500 metres from a Principal Main Railway Line, 250 metres from a Secondary Main Railway Line, or 100 metres from other railway lines.



C2.3 Noise from Stationary Sources

The category of Stationary Sources of noise includes individual equipment and extended facilities such as industrial facilities, aggregate extraction facilities, sewage treatment facilities, auxiliary transportation facilities and commercial facilities. See Parts A and B of this guideline (Publication NPC-300) for more details. Feasibility studies and detailed noise studies are generally needed whenever the proposed new sensitive land use is within the influence area of a Stationary Source of noise. The extent of the influence area is case-specific, depending on factors such as the type and scale of the Stationary Source, intervening topography and intervening land uses. In general, it is in the interest of the proponent of a proposed new sensitive land use to do a feasibility study early in the process.

C3 Noise Impact Assessment – Transportation Sources

C3.1 Introduction

This section deals with noise impact from road, rail and air traffic sources. In the case of multiple transportation noise sources:

(1) the outdoor noise impact due to air traffic needs to be established separately from the impact due to road and/or rail traffic;

(2) the outdoor noise impact due to road and rail traffic needs to be combined;

(3) the indoor noise impact needs to be assessed separately for road, rail and aircraft noise. The indoor noise control measures that are suitable for the multiple source impact are then defined by a combined acoustical insulation parameter (e.g., Acoustic Insulation Factor (AIF) or Sound Transmission Class (STC)) that is evaluated by combining the acoustical insulation parameters determined for each of the sources, on a logarithmic (energy) basis.

In all cases, consideration needs to be given to future sound levels. For road and rail noise, a minimum ten-year prediction is considered appropriate. For aircraft noise, the current NEF/NEP contours need to be applied unless the airport authority has prepared NEF/NEP contours for a future date, in which case the future prediction needs to be used.

When a type of indoor space is not specifically identified in the sound level limit criteria tables, the criteria for an analogous space will be applied.

The noise impact assessment at building façades, planes of windows and OLAs needs to be done based on “free field” sound level that is, excluding the sound pressure doubling effects of immediately adjacent receptor building surfaces.



C3.2 Road Traffic Noise

C3.2.1 Method

The assessment of road traffic noise impact is evaluated by prediction using statistically averaged road traffic information, the higher of the AADT (Annual Average Daily Traffic) or SADT (Summer Average Daily Traffic). The commonly used prediction method for road traffic noise, as recommended by MOE, is a method entitled ORNAMENT, Ontario Road Noise Analysis Method for Environment and Transportation, published in 1989, as amended from time to time Reference [10]. The descriptors are the 16-hour daytime and the 8-hour night-time Equivalent Sound Levels, Leq (16) and Leq (8). For complete description on assessing road traffic impacts, refer to ORNAMENT. Other traffic noise prediction models have been and are being developed by various authorities and may be approved from time to time for use in Ontario by MOE.

In order to comply with MOE guidelines, the predicted noise level is to be assessed in an OLA, such as a rear yard or a patio, and in indoor living areas, such as bedrooms and living rooms. Where the noise impact exceeds the applicable criteria, mitigation measures such as site planning, architectural design, noise barriers, building envelope elements (windows, exterior walls, doors) with upgraded sound isolation performance and/or central air conditioning may be necessary. Noise warning clauses may be used to warn of small excesses of noise remaining after the mitigation measures have been incorporated. Noise control measures are not required if the sound level estimated in the OLA is 55 dBA or less during the daytime and 50 dBA or less in the plane of bedroom windows during either daytime or night-time.

C3.2.2 Daytime Outdoor Sound Level Criterion

Table C-1 gives the equivalent sound level (Leq) criterion for designated OLAs. The criterion applies to the entire daytime period from 07:00 to 23:00.

Table C-1

Sound Level Criterion for Outdoor Living Areas,

Road and Rail

Time Period Leq (16) (dBA)

16-hour, 07:00 - 23:00 55

C3.2.3 Indoor Sound Level Criteria

Table C-2 gives the equivalent sound level (Leq) criteria and the applicable time periods for the indicated types of indoor spaces. The specified indoor sound level criteria are maxima and apply to the indicated indoor spaces with windows and doors closed.



Table C-2

Indoor Sound Level Criteria,

Road and Rail

Leq (dBA) Type of Space Time Period

Road Rail

Living/dining, den areas of residences, hospitals, nursing homes, schools, daycare centres, etc.

07:00 - 23:00 45 40

Living/dining, den areas of residences 23:00 - 07:00 45 40

07:00 - 23:00 45 40 Sleeping quarters

23:00 - 07:00 40 35

C3.3 Rail Traffic Noise

C3.3.1 Method

The assessment of rail traffic noise impact needs to be conducted using a prediction method entitled STEAM, Sound from Trains Environmental Analysis Method, published in 1990 by MOE, Reference [12]. The descriptors used in the assessment are the 16-hour daytime and the 8-hour night-time Equivalent Sound Levels, Leq (16) and Leq (8). As for the case of road traffic noise, other rail noise prediction models may also be approved by MOE for use in Ontario from time to time.

The impact of railway traffic noise and the requirement for noise control measures are assessed similarly to the road traffic noise. The noise level is to be assessed in an OLA, such as a rear yard or a patio, and in indoor living areas, such as bedrooms and living rooms, and compared with MOE guidelines. Noise control measures are not required if the sound level estimated in the OLA is 55 dBA or less during the daytime and 50 dBA or less in the plane of bedroom windows during daytime or night-time.

C3.3.2 Daytime Outdoor Sound Level Criterion

The outdoor noise impact is assessed in the OLA during daytime hours, 07:00 to 23:00, considering a combination of only two sources of rail traffic noise, namely the locomotive and the wheel-rail interaction. Whistle noise is not included in the outdoor noise impact assessment. Table C-1 gives the equivalent sound level (Leq) criterion for designated OLAs.


The indoor assessment needs to consider the combination of all three railway noise sources, i.e., locomotive, wheel-rail and whistle. Table C-2 gives the equivalent sound level (Leq) criteria for the indicated types of indoor space. The specified indoor sound



C3.4.1

C3.4.1.1

level criteria are maxima and apply to the indicated indoor spaces with windows and doors closed.

A major characteristic of railway noise is its high pass-by sound level for short periods and a major low frequency component produced by the operation of the diesel locomotive. This special character of the sound needs to be taken into account, particularly when assessing the indoor sound levels. Consequently, in order to account for the special character of railway sound, the indoor sound level criteria for rail noise, Table C-2, are 5 dBA lower than the indoor sound level criteria for road traffic noise. This difference results in a requirement for acoustically superior architectural components such as windows and walls, for railway noise.

C3.4 Air Traffic

Aircraft Noise

Method

Aircraft noise impact assessment is based on Noise Exposure Forecast/Noise Exposure Projection (NEF/NEP) contours determined by methods approved by Transport Canada.

The NEF rating is based on the Effective Perceived Noise Level (EPNL), which is derived from the Perceived Noise Level (PNL), adjusted for the duration of fly-over and the presence of discrete tones. The PNL is the maximum perceived noise level calculated from the third octave band noise levels. The NEF value is then calculated from the EPNL for each fly-over, the number of fly-overs and adjustments for daytime and night-time operations. The NEP is similar to the NEF with the exception that the NEP uses a longer time frame. Neither NEF nor NEP can be measured directly and can only be calculated from the variety of relevant operational factors, including measured acoustical characteristics for each aircraft type.

Where the noise impact exceeds the applicable criteria, warning clauses and mitigation measures for indoor spaces such as architectural design, special building components and/or central air conditioning are necessary. The indoor NEF/NEP values, specified in Table C-4 and Table C-10, are related to the “outdoor” values and the acoustical insulation provided by the building. The indoor NEF values can be calculated by converting the indoor sound levels, expressed as Leq (24) (dBA), using the expression NEF = Leq (24) - 31 dBA.

Policy 1.6.7.2 of the 2005 PPS, Reference [1], establishes the applicable development criterion. The noise impact on the proposed noise sensitive land use is determined based on the location of the noise sensitive land use with respect to the official NEF/NEP contours. NEF/NEP contours are usually available for major civil aviation airports from the airport authority. The more restrictive of the NEF and NEP contours apply.



C3.4.2 Outdoor Criterion

Table C-3 gives the aircraft noise criterion in terms of an NEF/NEP value in any outdoor area, including the OLA. The criterion applies to the entire 24-hour period. The distance separation from the airport and, consequently, the location of the noise sensitive land use with respect to the NEF/NEP contours, is the only measure that controls the outdoor noise impact.

Table C-3

Outdoor Aircraft Noise Criterion

Time Period NEF/NEP

24-hour 30

Except for redevelopment or infilling, new residential development in aircraft noise zones above NEF/NEP 30 is not permissible, based on Policy 1.6.7.2 of the 2005 PPS, Reference [1], which states:

Airports shall be protected from incompatible land uses and development by:

a) prohibiting new residential development and other sensitive land uses in areas near airports above 30 NEF/NEP, as set out on maps (as revised from time to time) that have been reviewed by Transport Canada;

b) considering redevelopment of existing residential uses and other sensitive land uses or infilling of residential and other sensitive land uses in areas above 30 NEF/NEP only if it has been demonstrated that there will be not be negative impacts on the long-term function of the airport.

C3.4.3 Indoor Criteria

Indoor aircraft noise criteria in terms of NEF/NEP values for the indicated type of indoor space are provided in Table C-4. These criteria apply to the indoor spaces with the windows and doors closed for the entire 24-hour period.

Table C-4

Indoor Aircraft Noise Criteria

(Applicable over 24-hour period)

Type of Space Indoor NEF/NEP*

Living/dining areas of residences, hospitals, schools, nursing/retirement homes, daycare centres, etc.

5

Sleeping Quarters 0

* The indoor NEF/NEP values in Table C-4 are used to determine acoustical insulation requirements based on the NEF/NEP contour maps.



C4 Noise Impact Assessment – Stationary Sources

C4.1 General

This subsection applies to the introduction of new noise sensitive land uses or the redevelopment of existing noise sensitive land uses within the potential influence area of existing or planned new Stationary Sources.

In comparison to noise from transportation sources, in many circumstances, noise from Stationary Sources such as industrial or commercial activities may be controlled more effectively at the source. If noise control measures are needed to reduce the noise impact, these measures need to be designed in accordance with the following principles:

(1) communication and cooperation between the proponent of the noise sensitive land use and the Stationary Source owner are desirable and highly encouraged;

(2) where practicable, source mitigation is the preferred option;

(3) implementation of noise control measures at the source will typically require an MOE Approval;

(4) noise control measures implemented at the site of the noise sensitive land need to result in sound levels that comply with the sound level limits in Part B of this guideline (NPC-300). In these cases it is important to consider the potential for a MOE Approval for the Stationary Source in the future;

(5) measures aimed at the indoor environment, such as air conditioning, which would allow windows to remain closed, are not relevant in a Class 1, 2 or 3 area because the criteria for Stationary Source sound levels apply to the outdoor planes of windows and windows are assumed to be open;

(6) the use of central air conditioning may be acceptable under special circumstances, in Class 4 and 5 areas where central air conditioning forms an essential part of the overall building design;

(7) assessment of noise impact produced by Stationary Sources typically involves calculation of sound emissions from the sources, transmission and propagation of sound and the effect of intervening obstacles such as barriers. The calculations need to account for the frequency characteristics of the noise source.

It should be noted that in addition to the criteria contained in Part C, the feasibility of a noise sensitive land use development is also subject to the MOE D-Series Guidelines, Reference [22], particularly if emissions other than noise are involved.

C4.2 Procedures

The impact assessment of noise produced by Stationary Sources is done by either prediction or measurement, or a combination of both. The noise impact assessment



descriptor is the One-Hour Equivalent Sound Level (Leq), and the noise impact is evaluated at a Point of Reception. The measured or predicted sound levels have to be adjusted for special sound characteristics such as tonality, impulsiveness and cyclic variation in order to reflect the increased annoyance to such sounds.

The noise impact assessment at building façades, planes of windows and OLAs need to be done based on “free field” sound levels, and exclude the sound pressure doubling effects of immediately adjacent receptor building surfaces.

The sound levels anticipated on the site of a proposed noise sensitive land use need to be established in accordance with References [5], [6], [7], [9], [10] and [28] including all the appropriate adjustments. The assessment of noise impact needs to reflect the “predictable worst case” situation, i.e., the largest difference between source sound levels and the applicable criterion.

For purposes of establishing compliance with the Stationary Source plane of window sound level limits, the assumption will be made that one or more windows are noise sensitive on each floor level of any façade of a noise sensitive use with a full or partial view (exposure) to any Stationary Source.

Exceptions to the above can be made where it can be demonstrated that specific windows are not noise sensitive and that the architectural design is not amenable to converting the associated space to being noise sensitive. For example:

a) in-operable windows to a single loaded corridor serving multiple suites in a multi-family dwelling need not comply with plane of window sound level criteria.

b) plane of window criteria do not apply to the glazing of Enclosed Noise Buffer (ENB) balconies where it can be shown that the plane of window sound limits will be met at the windows on noise sensitive rooms buffered by the ENB balcony.

C4.3 Feasibility Assessment

Initial assessment in the planning stage of the proposed noise sensitive land use or specific development is needed in order to determine the feasibility of new development, particularly where it is in proximity to a Stationary Source. An assessment of the hourly equivalent sound level, Leq (1), produced by the Stationary Source needs to be made at all relevant Points of Reception of the proposed or committed noise sensitive land use anticipated to experience the greatest potential noise impacts from the Stationary Source. In most cases, this will be the Points of Reception closest to the Stationary Source. The proponent of the development needs to demonstrate the feasibility of meeting the sound level criteria contained in Sections C4.5 and C4.6 of this guideline (Publication NPC-300), and when necessary, indicate the types of noise control measures that are needed. The proponent’s commitment to



implement the necessary noise control measures needs to be included in the feasibility study. Feasibility needs to be determined prior to adoption of Official Plan Amendment, zoning by-law amendments or subdivision or condominium Draft Plan approval to ensure that noise impact can be successfully (i.e., technically and economically) mitigated. References [1] and [22] provide further information regarding feasibility studies.

C4.4 Determination of Area Class

Area classification refers to the receptor location.

C4.4.1 Class 1, 2 and 3 Area

Determination of whether an area is Class 1, 2 or 3 can usually be done by determining the proximity of the Point of Reception to roads, the volumes of road traffic (and associated sound levels), and the nature of land uses and activities (or lack thereof) in the area, as a function of time.

C4.4.2 Class 4 Area

Classifying an area or site as Class 4 requires a formal confirmation by the land use planning approval authority of concurrence with the classification. Such confirmation may be done through policies or designations in the Official Plan, zoning by-laws, resolution of Council, or other means including a written statement by the planning head of the land use planning approval authority.

C4.4.3 Class 5 Area

Classifying an area as Class 5 requires an analysis of the sound environment to establish that existing sound levels (excluding any Stationary Sources) are sufficiently high to merit this classification. Typically, the sound environment of Class 5 areas would be dominated by sound levels produced by rail or aircraft noise that are significantly elevated above the background sound level due to road traffic.

Noise sensitive uses that have been developed in areas that potentially are Class 5 would be expected to have incorporated various noise mitigation measures to protect indoor spaces, such as appropriate windows (and air conditioning). Compliance with the applicable indoor sound level criteria for transportation sources of sound assumes closed windows.

C4.4.4 Area Classification Issues

Once an area is classified, the same classification and the related sound limit criteria, apply to the land use planning approval of the noise sensitive use as well as the MOE Approval of the Stationary Source.



All areas classified as 4 or 5 need to be supported by a noise study that includes a technical justification of the classification. All Class 4 areas also require written confirmation from the land use planning approval authority of the Class 4 designation.

Where a noise sensitive use has been approved in proximity to a Stationary Source in a Class 4 or 5 area, the land use planning approval authority needs to provide a copy of the approved noise study to the Stationary Sources(s). In a Class 4 area, the written confirmation of the area classification from the land use planning approval authority is also to be provided. This will allow the Stationary Source(s) to use the appropriate classification and noise criteria in applications for MOE Approvals.

C4.5 Sound Level Limits – General

Note that the criteria given below are the same as those presented in Part B for the regulation of Stationary Sources of noise.

C4.5.1 Steady and Varying Sound – Outdoors and Exterior Plane of Window

For sound from a Stationary Source, including Quasi-Steady Impulsive Sound but not including other impulsive sound, the sound level limit at a Point of Reception, expressed in terms of the One-Hour Equivalent Sound Level (Leq) is the higher of the applicable Exclusion Limit value given in Table C-5 or Table C-6, or the background One-Hour Equivalent Sound Level (Leq) for that Point of Reception. The outdoor sound level criteria (not including exterior planes of window) for Stationary Sources apply only to daytime (07:00 – 23:00 hours).

Note that for Class 1, 2 and 3 areas, the plane of window criteria applies to a window that is assumed to be open. For Class 4 and 5 areas, plane of window criteria apply to a window, which is assumed to be closed. This distinction does not affect the prediction of plane of window sound levels.

Table C-5



Time of Day Class 1 Areas Class 2 Areas Class 3 Area Class 4 and 5 Areas

07:00 – 19:00 50 50 45 55

19:00 – 23:00 50 45 40 55



Table C-6


Exterior Plane of Window

Space Time of Day Class 1 Areas Class 2 Areas Class 3 Area Class 4 and 5

Areas

07:00 – 19:00 50 50 45 60

19:00 – 23:00 50 50 40 60

Living Spaces: living/dining rooms, dens, kitchen

23:00 – 07:00 45 45 40 55

07:00 – 19:00 50 50 45 60

19:00 – 23:00 50 50 40 60 Sleeping quarters

23:00 – 07:00 45 45 40 55

C4.5.2 Impulsive Sound – Outdoors and Exterior Plane of Window

For impulsive sound, other than Quasi-Steady Impulsive Sound, from a Stationary Source, the sound level limit at a Point of Reception expressed in terms of Logarithmic Mean Impulse Sound Level (LLM) is the higher of the applicable Exclusion Limit value given in Table C-7 or Table C-8, or the background One-Hour Equivalent Sound Level (Leq) for that Point of Reception. The outdoor sound level criteria (not including exterior planes of window) for Stationary Sources apply only to daytime (07:00 – 23:00 hours).

Table C-7



Time of Day Number of Impulses in

Period of One-Hour Class 1 Areas Class 2 Areas Class 3 Area

Class 4 and 5 Areas

9 or more 50 50 45 55

7 to 8 55 55 50 60

5 to 6 60 60 55 65

4 65 65 60 70

3 70 70 65 75

2 75 75 70 80

07:00 – 23:00

1 80 80 75 85



Table C-8


Exterior Plane of Window – Living and Bedroom Spaces (Day/Night)

Number of Impulses in Period of One-Hour

Class 1 Areas (07:00-23:00)/ (23:00-07:00)

Class 2 Areas (07:00-23:00)/ (23:00-07:00)

Class 3 Area (07:00-19:00)/ (19:00-07:00)

Class 4 and 5 Areas (07:00-23:00)/ (23:00-07:00)

9 or more 50/45 50/45 45/40 60/55

7 to 8 55/50 55/50 50/45 65/60

5 to 6 60/55 60/55 55/50 70/65

4 65/60 65/60 60/55 75/70

3 70/65 70/65 65/60 80/75

2 75/70 75/70 70/65 85/80

1 80/75 80/75 75/70 90/85


Criteria have not been established for indoor sound levels because compliance with the plane of the window criteria in Table C-6 and Table C-8 will ensure that the indoor sound levels are acceptable, in most cases. Nevertheless, special care needs to be taken when assessing the impact of sound with a special characteristic such as a dominant low frequency component.

C4.6 Sound Level Limits – Pest Control Devices

(1) For impulsive sound, other than Quasi-Steady Impulsive Sound, from a pest control device employed solely to protect growing crops, the sound level limit at a Point of Reception expressed in terms of the Logarithmic Mean Impulse Sound Level (LLM) is 70 dBAI or the background sound level, whichever is higher.

(2) For sound, including Quasi-Steady Impulsive Sound but not including other impulsive sound, from a pest control device employed solely to protect growing crops, the sound level limit at a Point of Reception expressed in terms of the One-Hour Equivalent Sound Level (Leq) is 60 dBA or the background sound level, whichever is higher.

C5 Noise Impact Assessment – Multiple Sources

Impulse and non-impulse sources are to be analyzed separately. Where there are multiple, non-impulse sources at a Stationary Source, the noise assessment needs to be based on the combined effect of all sources comprising the Stationary Source, added together on an energy basis. Where multiple, independent, Stationary Sources are



involved, each source is to be evaluated individually for compliance with the sound limits and design of mitigation.

C6 Noise Impact Assessment – Supplementary Noise Criteria

Indoor criteria from transportation sources for noise sensitive land uses are specified in Table C-2 and Table C-4. Table C-9 and Table C-10 are expanded versions of Table C-2 and Table C-4, and present guidelines for acceptable indoor sound levels that are extended to land uses and developments which are not normally considered noise sensitive. The specified values are maximum sound levels and apply to the indicated indoor spaces with the windows and doors closed. The criteria in Table C-9 and Table C-10 are presented for information, as good-practice design objectives.

Table C-9

Supplementary Indoor Sound Level Criteria,

Road and Rail

Leq (Time Period) (dBA) Type of Space Time Period

Road Rail

General offices, reception areas, retails stores, etc. 16 hours between 07:00 - 23:00

50 45

Living/dining areas of residences, hospitals, schools, nursing/retirement homes, daycare centres, theatres, places of worship, libraries, individual or semi-private offices, conference rooms, reading rooms, etc.

16 hours between 07:00 - 23:00

45 40

Sleeping quarters of hotels/motels 8 hours between 23:00 - 07:00

45 40

Sleeping quarters of residences, hospitals, nursing/retirement homes, etc.

8 hours between 23:00 - 07:00

40 35



Table C-10

Supplementary Indoor Aircraft Noise Criteria

(Applicable over 24-hour period)

Type of Space Indoor NEF/NEP*

General offices, reception areas, retail stores, etc. 15

Individual or semi-private offices, conference rooms, etc. 10

Living/dining areas of residences, sleeping quarters of hotels/motels, theatres, libraries, schools, daycare centres, places of worship, etc.

5

Sleeping quarters of residences, hospitals, nursing/retirement homes, etc. 0

* The indoor NEF/NEP values listed in Table C-10 are not obtained from NEF/NEP contour maps. The values are representative of the indoor sound levels and are used as assessment criteria for the evaluation of acoustical insulation requirements.

C7 Noise Control Measures

C7.1 Acoustic Barriers

If a barrier is used as a noise control measure, it needs to be high enough to obstruct the line-of-sight between the source and the receiver. The surface density (face weight) of the noise barrier needs to be high enough for the sound transmission loss of the acoustic barrier material to exceed the intended acoustic barrier attenuation by at least 10 decibels at any frequency of interest, with a minimum surface density of 20 kg/m2. The barrier also needs to be structurally sound, appropriate to wind and snow load, designed and constructed without cracks or gaps. Any gaps under the noise barrier that are necessary for drainage purposes need to be minimized and localized, and the acoustical performance of the noise barrier needs to be maintained.

C7.2 Central Air Conditioning

Ventilation provisions are required where windows are to remain closed in order to meet the applicable indoor sound limits. The ventilation system needs to provide proper temperature and humidity control.

In the majority of situations, particularly for single-family dwellings, central air conditioning is the only practicable ventilation system that satisfies the above conditions. However, in high and medium density residential developments, other forms of mechanical ventilation may be available. Ventilation methods other than central air conditioning are acceptable for high and medium density residential developments, subject to the following conditions:



C7.3.2

C7.3.2.1

a) the noise produced by the proposed ventilation system in the space served does not exceed 40 dBA. In practice, this condition usually implies that window air conditioning units are not acceptable;

b) the ventilation system complies with all national, provincial and municipal standards and codes;

c) the ventilation system is designed by a Professional Engineer, expert in heating and ventilation;

d) the ventilation system enables the windows and exterior doors to remain closed.

However, it is common practice for multi-family residential buildings to incorporate some form of central air conditioning either for the building as a whole or for individual suites.

Such systems also need to comply with NPC-216, Reference [18], and/or any local, municipal noise by-law that has provisions relating to air conditioning equipment.

C7.3 Road Noise Control Measures

C7.3.1 Outdoor Living Areas

If the One-Hour Equivalent Sound Level, Leq, in the OLA is greater than 55 dBA and less than or equal to 60 dBA, physical noise control measures may be applied to reduce the sound level to 55 dBA. If physical measures are not provided, prospective purchasers or tenants need to be informed of potential noise problems by a warning clause Type A. See Section C7.9.

If the One-Hour Equivalent Sound Level, Leq, in the OLA is greater than 60 dBA, noise control measures are required to reduce the level to 55 dBA. Only in cases where the required physical noise control measures are not feasible for technical, economic or administrative reasons would an excess above the criterion (55 dBA) be acceptable with a warning clause Type B. In these situations, any excess above the criterion will not be acceptable if it exceeds 5 dBA.

Plane of a Window – Ventilation Requirements

Night-time Period, 23:00 – 07:00 Hours

Noise control measures are not required if the Leq (8) night-time sound level in the plane of a bedroom or living/dining room window is less than or equal to 50 dBA. If the sound level in the plane of a bedroom or living/dining room window is greater than 50 dBA and less than or equal to 60 dBA, the dwelling needs to be designed with a provision for the installation of central air conditioning in the future, at the occupant’s discretion. Warning clause Type C is also needed.



C7.3.2.2

If the night-time sound level in the plane of a bedroom or living/dining room window is greater than 60 dBA, installation of central air conditioning is mandatory, with a warning clause Type D. In addition, building components including windows, walls and doors, where applicable, need to be designed so that the indoor sound levels comply with the noise criteria in Table C-2. The location and installation of the outdoor air conditioning device needs to comply with noise criteria of NPC-216, Reference [18], and guidelines contained in Environmental Noise Guidelines for Installation of Residential Air Conditioning Devices, Reference [17].

Daytime Period, 07:00 – 23:00 Hours

Noise control measures are not required if the Leq (16) daytime sound level in the plane of a bedroom or living/dining room window is less than or equal to 55 dBA. If the sound level in the plane of a bedroom or living/dining room window is greater than 55 dBA and less than or equal to 65 dBA, the dwelling needs to be designed with a provision for the installation of central air conditioning in the future, at the occupant’s discretion. Warning clause Type C is also needed.

If the daytime sound level in the plane of a bedroom or living/dining room window is greater than 65 dBA, installation of central air conditioning is mandatory with a warning clause Type D. In addition, building components including windows, walls and doors, where applicable, need to be designed so that the indoor sound levels comply with the noise criteria in Table C-2. The location and installation of the outdoor air conditioning device needs to comply with noise criteria of NPC-216, Reference [18], and guidelines contained in Environmental Noise Guidelines for Installation of Residential Air Conditioning Equipment, Reference [17].

C7.3.3 Indoor Living Areas – Building Components

If the night-time sound level outside the bedroom or living/dining room windows exceeds 60 dBA or the daytime sound level outside the bedroom or living/dining area windows exceeds 65 dBA, building components including windows, walls and doors, where applicable, need to be designed so that the indoor sound levels comply with the noise criteria in Table C-2. The acoustical performance of the building components (windows, doors and walls) needs to be specified.

C7.4 Rail Noise Control Measures

C7.4.1 Outdoor Living Areas

Whistle noise is not included in the determination of the outdoor daytime sound level due to railway trains. All the provisions of Section C7.3.1 apply also to noise control requirements for rail noise.



C7.4.2 Plane of a Window – Ventilation Requirements

Whistle noise is included in the determination of the sound level in the plane of a window. All the provisions of Section C7.3.2 apply also to noise control requirements for rail noise.

C7.4.3 Indoor Living Areas – Building Components

The sound level, Leq, during the daytime (16-hour) and night-time (8-hour) periods is determined using the STEAM, Reference [12], prediction method immediately outside the dwelling envelope. Whistle noise is included in the determination of the sound level.

If the night-time sound level outside the bedroom or living/dining room windows exceeds 55 dBA or the daytime sound level outside the bedroom or living/dining area windows exceeds 60 dBA, building components including windows, walls and doors, where applicable, need to be designed so that the indoor sound levels comply with the noise criteria in Table C-2. The acoustical performance of the building components (windows, doors and walls) needs to be specified.

In addition, the exterior walls (excluding a fully shielded façade) of the first row of dwellings next to the railway tracks are to be built to a minimum of wood frame and brick veneer or acoustically equivalent construction, from the foundation to the rafters when the rail traffic Leq (24-hour), estimated at a location of a night-time receptor, is greater than 60 dBA. These construction specifications also apply when the first row of dwellings is within 100 metres of the tracks.

C7.5 Combination of Road and Rail Noise

The noise impact in the OLA and in the plane of a window, and the requirements for outdoor measures, ventilation measures and warning clauses, need to be determined by combining road and rail traffic sound levels.

The assessment of the indoor sound levels and the resultant requirement for the acoustical descriptors, AIF or STC, of the building components need to be done separately for road and rail noise. The resultant acoustical descriptors, AIF or STC, need to be subsequently combined to determine the required components.

C7.6 Aircraft Noise Control Measures

If the outdoor NEF/NEP value is less than 25, further assessment is not required.

If the receptor location is within the NEF/NEP contours of 25 and 30, the dwelling needs to be designed with a provision for central air conditioning. In addition, building components including windows, doors, walls and ceiling/roof need to be designed to



achieve the indoor sound level criteria of Table C-4. Warning clause Type C is also needed.

If the municipality, in accordance with Reference [1], approves residential development above NEF/NEP 30, central air conditioning is mandatory with warning clauses Type B and D. In addition, building components including windows, doors, walls and ceiling/roof need to be designed to achieve the indoor sound level criteria of Table C-4.

C7.7 Combination of Road, Rail and Aircraft Noise

The noise impact in the OLA and in the plane of a window, and the requirements for outdoor measures, ventilation measures and warning clauses, need to be calculated separately for surface transportation and aircraft noise. The surface transportation noise impact needs to be determined by combining road and rail traffic sound levels.

The assessment of the indoor sound levels, and the requirements for the acoustical performance of building components need to be done separately for road noise, rail noise and aircraft noise. The resultant sound isolation parameters, such as AIF or STC, need to be subsequently combined logarithmically (as if on an energy basis) to determine the overall acoustical parameter. Selection of the required components needs to be based on the overall combined parameter.

C7.8 Stationary Source Noise Control Measures

C7.8.1 Mitigation Design Options

Where the noise impact exceeds the applicable criteria, mitigation is necessary. The mitigation noise control measures may be implemented on the site of the noise sensitive land use or at the source. For a Stationary Source, the preferred and normally the most economical and practical option is to implement noise control measures at the source to reduce the noise emission. An investigation needs to be undertaken to determine whether to implement the noise control measures at the source, the noise sensitive land use or both locations.

General design principles that facilitate the juxtaposition of sensitive land uses and Stationary Sources are:

the building(s) closest to the Stationary Source will provide shielding for the remainder of the development;

the building(s) closest to the Stationary Source will “face away” from the Stationary Source;

the “exposed” side of the building(s) will not contain sensitive indoor spaces such as bedrooms and living rooms, and will only include insensitive spaces such as corridors, washrooms, etc.;



no outdoor areas amenable for use on the “exposed” side of the building(s).

In the case of residential developments, single-loaded multi-unit residential buildings where the units are located on the side of the building facing away from the Stationary Source may present a solution.

C7.8.2 Air Conditioning

Generally, the use of air conditioning is not considered an appropriate means of noise mitigation in a Class 1, 2 or 3 area.

Air conditioning in itself is not a noise control measure. The use of air conditioning allows windows and doors to remain closed, and thereby reduces the sound levels. Consequently, the requirement for air conditioning is in fact a requirement for closed windows. When the windows remain closed, the indoor sound levels are acceptable but the occupants need to keep the windows closed to maintain an acceptable acoustic environment.

In Class 1, 2 and 3 areas noise sensitive spaces are assumed to have open windows. The plane of window noise limits apply (on the outside plane of window). As a result, upgraded windows and air conditioning that would allow windows to stay closed are not an appropriate means of noise mitigation and are not applicable. Criteria for indoor sound levels are not applied to Stationary Sources in these areas because compliance with the plane of window criteria will result in acceptable indoor sound levels.

The use of air conditioning does not provide protection for the outdoor areas and its operation often significantly increases the outdoor sound levels.

An exception can be made for the use of air conditioning as an acceptable noise mitigation measure, in a Class 1 or 2 area, for facilities such as hospitals or similar uses. This exception is allowable because these facilities are designed with air conditioning as an essential and required means of ventilation.

In some situations, the mitigation concepts described above may not be appropriate or practicable for an area with existing Stationary Sources and the potential for adjacent development of new sensitive uses. In such situations, the land use planning approval authority may formally consent to classifying the area as Class 4, which would facilitate the use of design options and noise mitigation measures that would not normally be acceptable for a Class 1, 2 or 3 area. See also Section B9.2 of this guideline (Publication NPC-300).

In Class 4 and 5 areas, windows for noise sensitive spaces are assumed to be closed and provisions for appropriate ventilation/air conditioning are assumed and are acceptable.



C7.8.3 Application of Criteria for Stationary Sources

The outdoor sound level criteria in Section C4.5 apply to an outdoor Point of Reception at any location in any usable area. Where it can be clearly demonstrated that the area in question is too small, inappropriate or unsuitable as a usable area, the criteria need not be applied. For example, driveways leading to parking garages or parking lots for multi-family dwellings are not considered noise sensitive spaces.

The plane of a window sound level criteria, Sections C4.5.1 and C4.5.2, apply to a location in the plane of any window in living/dining areas (living rooms, dining rooms, kitchens, etc.) and to bedrooms. The criteria need not be applied to windows in noise insensitive areas such as staircases, corridors, bathrooms, closets, utility rooms, etc., that are partitioned from noise sensitive spaces. The plane of window sound limits for bedrooms recognize that there is typically more activity and noise during daytime periods.

Wherever possible, mitigation at source is preferable for Stationary Sources. However, this is not always possible. In some cases, mitigation at the source may be practicable but may not fully mitigate the noise excesses. As a result, in some cases there is the need for noise mitigation at the receptor. This mitigation can take the form of site planning, building design, and/or introducing buffers or acoustic barriers.

Site planning and building techniques include using buildings with single loaded corridors so that windows on noise sensitive spaces do not have a view to the Stationary Source, using these buildings to screen other parts of a noise sensitive development and using non-sensitive structures such as parking garages as acoustic barriers. Windows to noise sensitive spaces can also be screened by ENB balconies creating a buffer between the windows and the exterior environment. This may be appropriate for multi unit buildings, such as apartments.

C7.8.4 Combination of Transportation and Stationary Source Noise

The noise control measures needed for transportation and Stationary Sources of noise need to be evaluated separately for daytime and night-time periods. The final selection of noise control measures needs to ensure compliance with the applicable sound level criteria of this guideline (Publication NPC-300), for each category of noise source.

C7.9 Warning Clauses

C7.9.1 Transportation Sources

The following warning clauses may be used individually or in combination:

TYPE A:

“Purchasers/tenants are advised that sound levels due to increasing road (rail) (air) traffic may occasionally interfere with some



activities of the dwelling occupants as the sound levels exceed the noise criteria of the Municipality and the Ministry of the Environment.”

TYPE B:

“Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road (rail) (air) traffic may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the noise criteria of the Municipality and the Ministry of the Environment.”

TYPE C:

“This dwelling unit has been designed with the provision for adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the noise criteria of the Municipality and the Ministry of the Environment.”

TYPE D:

“This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the noise criteria of the Municipality and the Ministry of the Environment.”

C7.9.2 Stationary Sources

It is not acceptable to use warning clauses in place of physical noise control measures to identify an excess over the MOE criteria. Warning clause (Type E) for Stationary Sources may identify a potential concern due to the proximity of the facility but it is not acceptable to use the warning clause to justify exceeding the criteria.

TYPE E:

“Purchasers are advised that due to the proximity of the adjacent industry (facility) (utility), sound levels from the industry (facility) (utility) may at times be audible.”



C7.10 Verification of Noise Control Measures

Implementation of noise control measures needs to be verified by a qualified individual, preferably a Professional Engineer with experience in environmental acoustics.

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