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HomeMy WebLinkAboutPD-18-84 66.s,3 Q CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JANUARY lh, 1984 REPORT NO. : PO-18-84 SUBJECT: PROVINCIAL MINERAL AGGREGATE RESOURCE PLANNING POLICY i RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-18-84 be received; and 2• That the Ministry of Municipal Affairs and Housing and the Association of Municipalities of Ontario be advised that the Town of Newcastle has no objection to the "Mineral Aggregate Resource Planning Policy", as proposed by the Ministry of Natural Resources and the Ministry of Municipal Affairs and Housing. . . .2 i REPORT NO. : PD-18-84 Page 2 BACKGROUND AND COMMENT: On December 12, 1983, the Town received a copy of the proposed "Mineral Aggregate Resource Planning Policy" , issued jointly by the Ministry of Natural Resources and the * Ministry of Municipal Affairs and Housing (attached). It is intended to confirm this statement as a Policy Statement under Section 3 of the Planning Act. The Policy was originally sent to all municipalities, including the Town of Newcastle, in February, 1983, in conjunction with a "Revision to Foodland Guidelines Policy Regarding Mineral Aggregate Extraction", issued by the i Ministry of Agriculture and Food. A copy of both policy documents was forwarded to all Council members on March 11 , 1983, along with a Staff memorandum. In the memorandum, Staff noted that the new Mineral Aggregate Policy supersedes the "Mineral Aggregate Policy for Official Plans" and, in most respects, the two Policies are very similar. Since the provisions of the Mineral Aggregate Policy for Official Plans have been incorporated into the Durham Region Official Plan and, consequently into the draft Comprehensive Restricted Area By-law, the impact of this new Policy on the Town of Newcastle should not be significant. Staff further noted that the Mineral Aggregate Policy notes the importance of rehabilitating pits and quarries and refers to the revised Foodland Guidelines on the issue of rehabilitation. . . .3 i REPORT NO. : PO-18-84 Page 3 The revised Foodland Guidelines address the issue of mineral aggregate extraction on agricultural land. The revised guidelines identify five important agricultural areas where mineral aggregate extracation will be prohibited unless it can be shown that the site can be rehabilitated to its former state and level of productivity. The Town of Newcastle is not included in any of these specified agricultural areas. However, the revised Guidelines also provide that on other specialty croplands and on good agricultural land (C.L.I. Classes 1 to 3) , mineral aggregate extraction may occur if rehabilitation can restore substantially the same acreage and soil capability for agriculture. Recent discussions with the Ministry of Agriculture and Food staff indicate that the Foodland Guidelines, including the revisions regarding Mineral Aggregate Extraction, will also be issued at sometime in the short-term future as a Provincial Policy Statement. As noted earlier, provisions regarding mineral aggregate extraaction have already been incorporated into the Durham Regional Official Plan and the draft Comprehensive Zoning By-law. As well , staff feel that the Mineral Aggregate Policy represents a balanced approach to managing the Province's mineral aggregate resources, and incorporates adequate provisions, in conjunction with the Foodland Guidelines, with respect to rehabilitating pits and quarries . The Association of Municipalities of Ontario has agreed to review all municipal responses to the proposed policy statement, and municipalities have been requested to direct . . .4 I REPORT NO. : PO-18-84 Page 4 their comments to both the A.M.O. and the Ministry of Municipal Affairs and Housing. It is therefore recommended that both of these agencies be advised that the Town of Newcastle has no objection to the proposed policy statement regarding mineral aggregates. Respectfully it ' T.T. Edwards, M.C.I.P. Director of Planning JAS*TTE*j i p January 3, 1984 *Attach. I i I I Ministry of Ministry of Municipal Affairs Natural and Housing Resources Ontario DEC 1 ti 198? - PNTARI0 PROPOSE-D-•POLICY STATEMENTOR# OF NEVICASnE MINERAL AGGREGATES UNDER PLTNING 01FARTMENT NEW PLANNING AC TO ALL MUNICIPALITIES Under the Planning Act, 1983 , the Province may issue policy state- ments on matters of land use planning that apply beyond any one individual municipality. The statements are to deal with matters that relate to the province ' s responsibility for protecting the overall public interest, and must be considered by municipalities in carrying out their planning functions as established in provincial legislation . At the same time, the Ontario Municipal Board, provincial ministries and agencies are also required by the legisla- tion to "have regard to" such statements in carrying out their planning responsibilities . Several statements of provincial planning policy, approved by Cabinet, already exist and one of these is the "Mineral Aggregate Resource Planning Policy" originally sent to all municipalities in February 1983 by the Ministry of Natural Resources and now attached to this letter. It is intended to confirm this statement as a Policy Statement under Section 3 of the Planning Act . While the Province is of the view that the basic policy should be confirmed, comments would be welcomed. We are very pleased that the Association of Municipalities of Ontario has agreed to review all municipal responses to the proposed statement. We would therefore ask that any municipality wishing to comment on mineral aggregates direct its concern to both the Ministry of Municipal Affairs and Housing and AMO. Association of Municipalities Local Planning Policy Branch of Ontario Ministry of Municipal Affairs 100 University Avenue and Housing Suite 902 777 Bay Street, 13th Floor Toronto, Ontario Toronto, Ontario M5J 1V6 M5G 2E5 aEEy 3 , 1984 Yours sincerely, lau -F. Bennett Alan W. Pope M r- of Municipal Affairs Minister of Natural Resources and Hous i na K. „ - - - I MINERAL AGGREGATE RESOURCE PLANNING POLICY 4 f �f I Ministry of Hon. Alan W. Pope Minister Natural W T. Foster Resources Deputy Minister Ontario Prepared by Ministry of Natural Resources in consultation with Ministry of Municipal Affairs and Housing and Ministry of Transportation and Communications Additional copies available from Ministry of Natural Resources Public Service Centre Whitney Block, Rm. 1640 99 Wellesley St. W. Toronto, Ontario M7A1W3 Tel: (416) 965-6511 CY, TABLE OF CONTENTS PURPOSE 1 INTERPRETATION 1 BACKGROUND 1 DEFINITION 1 PRINCIPLES 1 POLICY 2 General Policies 2 Policies for Official Plans 2 Policies for Zoning By-laws 2 ROLE OF THE PROVINCE 3- IMPLEMENTATION 3 I PURPOSE DEFINITION This document is a formal provincial policy on For the purpose of this policy, mineral aggregates planning for mineral aggregate resources. shall mean: sand,gravel,shale, limestone,dolostone, sandstone and other mineral materials suitable for INTERPRETATION construction, industrial, manufacturing and main- tenance purposes, but does not include metalliferous This policy recognizes that other matters such as minerals, fossil fuels, or non-aggregate industrial forestry, agriculture, housing, recreation and en- minerals such as asbestos, gypsum, nepheline vironment must also receive consideration in land use syenite, peat, salt and talc, or mine tailings. planning at the municipal level. Furthermore, it is not intended to supersede or take PRINCIPLES priority over other provincial planning policies. Rather it should be implemented in conjunction with The following mineral aggregate resource planning other relevant provincial policies and regulations. principles are recognized as the basis for the policies contained in this document. BACKGROUND 1. Mineral aggregates are essential natural re- sources. Wherever they occur, they should be This policy was prepared by the Ministry of Natural recognized as important components in any Resources in consultation with the Ministry of Muni- comprehensive land use or resource manage= cipal Affairs and Housing and the Ministry of Trans- ment program. portation and Communications. It supersedes the 2. Mineral aggregates should be available to the "Mineral Aggregate Policy for Official Plans" en- consumers of Ontario at a reasonable cost, dorsed by the Minister of Natural Resources, Sep- 3. All parts of Ontario possessing mineral aggregate tember 11, 1979. resources share a responsibility for meeting Mineral aggregates are vital to Ontario's economy. future provincial demand. In 1980, for example, approximately 120 million 4. Notwithstanding the need for mineral aggregates, tonnes or more than fourteen tonnes of mineral it is essential to ensure that extraction is carried aggregate per capita were used in Ontario. out with minimal social and environmental cost. Although potential reserves exist in many parts of In this regard there is a recognized need to de- the Province, a reduction in the availability of mineral velop policy and regulatory provisions that: aggregates is occurring as a result of: a) establish good operating standards; *depletion of near market supplies; b) ensure rehabilitation; .effective elimination of some valuable mineral c) establish evaluation and approval procedures aggregate sources by incompatible land uses, for for creating new operations and expanding example housing,occurring over or adjacent to the existing operations. deposits. 5. The supply of mineral aggregates is essential to •restrictive planning, legislation and other controls the overall development of any area. It is neces- which make the establishment and operation of pits sary to maintain sources of supply as close to and quarries difficult. markets as possible until such time as long dis- Serious shortages of mineral aggregates are oc- tance transportation may become feasible. curring within certain parts of Ontario. Shortages 6. In some instances other land uses, such as result in increased mineral aggregate costs whether special agricultural uses, may take precedence through hauling the material from distant sources; over aggregate extraction, including wayside through using more expensive substitute materials; pits and quarries. or through using more expensive processing tech- With regard to agricultural uses, reference niques to upgrade lower quality materials. Such in- should also be made to the Foodland Guide- creased costs are ultimately transferred to the con- lines. su 7. Wayside pits and quarries are needed on a temp- mineral programs should ensure that sufficient i mineral aggregate resources are available to meet the orary basis and often at short notice to supply future needs of Ontario residents. Municipal official mineral aggregates for certain projects of public I laps for example, should authorities such as roads, at minimum cost to the p p provide safeguards to taxpayer. They therefore require simplified plan- ensure that sufficient mineral aggregate is available ning and approval consideration. to meet local, regional and provincial needs. This policy establishes mineral aggregate re- g Municipalities have an important role in planning sources as a matter of provincial interest and con- for mineral aggregate resources and aggregate operations. cern. It includes specific policies to ensure that due regard is paid to the importance of mineral aggre- gates and that the overall provincial interest is taken into Arrni int in nnv ralatPri nlanninn antinn ROLE OF THE PROVINCE •encourage all depleted extractive sites, including wayside pits and quarries,to be The objective of the government is to ensure that returned to a condition suitable for an local, regional and provincial needs for mineral acceptable after use and compatible with aggregates are met with minimal disturbance to the adjacent land uses. social and natural environment. h) establish, in conjunction with the Ministry of This will be achieved through implementation of Transportation and Communications, pro- this policy including the following government cedures for approval, operation and re- functions. habilitation of wayside pits and quarries 1. The Ministry of Natural Resources, within the used to supply aggregate for projects of that context of its mandate to manage mineral aggre- Ministry. Other interested agencies shall be gate resources at the provincial level shall: consulted. a) provide all pertinent geological information, i) undertake any other action necessary to including mineral aggregate resource map- ensure that this policy is adhered to within ping and technical assistance, to any go- the limits of the Ministry's statutory author- vernment body or planning authority, in ity. particular municipalities, and assist muni- j) encourage aggregate producers to embody cipalities to define and protect mineral the spirit of wise mineral aggregate resource aggregate resource areas. management. b) provide comments to planning review and 2. The Ministries of Municipal Affairs and Housing approval agencies on proposed planning and Natural Resources shall advise and explain actions that may have implications for to municipalities and other planning agencies, mineral aggregate resource development. the content of this policy and its application. Comments shall relate to the compliance 3. The Ministry of Transportation and Communi- of these actions with this policy and to wise cations shall advise and explain to municipalities mineral aggregate resource management. and other planning agencies, the application of c) prepare guidelines for the Ministry, muni- this policy in regard to wayside pits and quarries cipalities and other agencies responsible for and that Ministry's requirements for mineral mineral aggregate resource planning and aggregates. management, to assist in implementing this 4. Other Ministries have responsibilities relating policy. These guidelines will be developed to pits and quarries and they should provide in conjunction with the Ministry's other input to the planning process as appropriate. goals and objectives and through consul- tation with other concerned Ministries. IMPLEMENTATION d) undertake research programs to investigate a wide array of mineral aggregate resource 1. Any Minister, Ministry, the Ontario Municipal management topics. Special emphasis shall Board or other body or resource management be given to determining ways in which the agency that has been assigned an approval or supply burden of certain high production review function on matters of land use or re- municipalities may be reduced. In this re- source planning by provincial statute, regu- spect alternative sources of supply will be lation, or delegation shall have due regard to this investigated. policy when making a planning decision that e) make representation or provide technical affects mineral aggregate resource lands. expertise to the Ontario Municipal Board In particular, the Ministry of Municipal Affairs where compliance with this policy may be an and Housing shall ensure that all municipal issue. planning documents which it is required to re- f) administer and enforce the provisions of view or approve, adequately comply with this The Pits and Quarries Control Act, 1971 and policy. The Mining Act, or successors thereto. In this regard the Ministry of Municipal Affairs g) encourage the concept of extraction as an and Housing or other approval or review body interim land use activity.Toward this end the shall solicit comments from the Ministry of Ministry shall: Natural Resources on whether any relevant pro- encourage operators of extractive sites to posed action is in compliance with this policy. make the most effective use of the land 2. Local municipalities, regional municipalities resource; and counties shall ensure that all official plans, *encourage sequential land use and pro- by-laws and planning programs undertaken by gressive and ultimate rehabilitation with their respective Council or delegated authority the active extraction area limited to a mini- are in compliance with this policy. mum practical size; 3. Existing approved official plans and zoning by- *encourage operation of the site in a laws shall be amended to comply with this policy mnnnPr ac omm­fiF.In .,.. . .. .. - i f� r '1 POLICY 2.4 The official plan should provide a clear and reasonable mechanism to permit the estab- 1. General Policies lishment or expansion of pits and quarries, 1.1 All land use planning and resource manage- including policies that: ment agencies within the province shall have a) outline any amendments that may be re- regard for the implications of their actions on quired to the official plan and/or zoning the availability of mineral aggregate resour- by-law; ces to meet future local, regional and pro- b) specify the information required by a vincial needs. municipality to evaluate an amendment 1.2 Any planning jurisdiction, including munici- application; and palities and planning boards, shall be en- c) specify the matters that the municipality couraged to identify and protect as much of will consider when evaluating an amend- its mineral aggregate resources as is prac- ment application, including protection of ticable to supply local, regional and pro- existing land uses. vincial needs. 2.5 The official plan should permit wayside pits and quarries without requiring an amend- 2. Policies for Official Plans ment to the plan or zoning by-law,except the Official plans approved under the provisions of plan may require a rezoning for a wayside pit The Planning Act,should comply with the follow- or quarry in areas of existing development or ing policies: particular environmental sensitivity which 2.1 The official plan should protect legally exist- are designated in the plan. ing pits and quarries from incompatible land 2.6 Policies to encourage rehabilitation to an uses. after-use compatible with the long term uses Legally existing pits and quarries include: permitted by the plan shall be included in the a) lands under licence or permit, other than official plan. wayside pits and quarries, issued in accordance with The Pits and Quarries 3. Policies for Zoning By-Laws 4 Control Act, 1971, or The Mining Act, or Zoning (Restricted Area) by-laws approved successors thereto; and under the provisions of The Planning Act, RSO b) for lands not under licence or permit, 1970, as amended, or successor thereto, shall established pits and quarries that are not comply with the following policies: in contravention of municipal zoning by- 3.1 All legally existing pits and quarries shall be laws and including enough adjacent land regulated in a zoning by-law in such a way to permit continuation of the operation. that these operations area permitted activity 2.2 The official plan should identify and protect with no uses or other activities permitted from land uses which are incompatible with that would be incompatible with mineral possible future extraction as much of the aggregate operations. mineral aggregate resources occurring in the This shall include: municipality as is realistically possible in the a) lands under licence or permit,otherthan context of the municipality's other necessary wayside pits and quarries, issued in land use planning objectives, and in recog- accordance with The Pits and Quarries nition of the continuing local, regional and Control Act, 1971, or The Mining Act,or provincial need for mineral aggregates. In- successors thereto; and compatible land uses could anciude such b) for lands not under licence or permit, uses as high density residential or industrial established pits and quarries that are not development. in contravention of municipal zoning by- 2.3 It is recognized that extraction may not be laws and including enough adjacent feasible or advisable throughout all areas of land to permit continuation of the j mineral aggregate resources protected in the operation. official plan. The municipality may establish 3.2 In municipalities not subject to an official policies to permit land uses or developments plan, mineral aggregate deposits identified in these areas under carefully considered cir- for protection by the Ministry of Natural Re- cumstances where it can be shown: sources in conjunction with the munici- a) that extraction would not be feasible; or pality, may be placed in a zoning category b) that the proposed land use or develop- which prohibits uses that are incompatible ment serves a greater long term interest with possible future extraction. i of the general public than does aggregate 3.3 Zoning by-laws shall permit wayside"pits extraction; or and quarries in all zoning categories,except c) that the proposed land use or develop- in zones which are established to recognize ment would not significantly preclude or existing development or areas of particular hinder future extraction