HomeMy WebLinkAbout75-176Report No. 176
An application was made to Clarke Township for the
rezoning of the subject site to recognize an existing gravel
pit on the site.
This request was granted by the Town of Newcastle in May,
1974 by By-law 74-48. One of the conditions of this rezoning
was that the applicant enter into a development agreement with
the Town of Newcastle.
However, since that time, the applicant has advised us
than the use is a legal non -conforming use and that only the
making or establishment of new pits or quarries be restriated
by a zoning By-law. For this reason, he feels that no appli-
cation for rezoning is required and that a development agree-
ment is therefore not necessary. They have requested that
By-law 74-48 be either "left in permanent limbo" or repealed.
Instead, they request that this site be recognized in the
new zoning By-law.
A court ruling on a similar situation in Uxbridge Town-
ship revealed that the Planning Act does not authorize a
Municipality to control existing gravel pits, through zoning
since they are not considered to be a "use" of land,within the
meaning of Section 35. For this reason, the applicant is
correct in saying that a development agreement is not required.
However, most of the constrols which would have been included
in such an agreement could be enforeced by a "Pits and Quarries"
By-law passed under the Municipal Act which would control all
existing and proposed quarries. Uxbridge Township has approved
such a By-law and it has been upheld in the courts.
For this reason, it is recommended that the subject site
be zoned "Extractive Industrial" in the new Zoning By-law, and
that this Council authorize the preparation of a By-law
to Regulate the Establishment and Operation of Pits and quar-
ries.
Respectfully submitted,
V`Sk/'
George F. Howden,
Planning Director.