HomeMy WebLinkAboutPD-264-88 DN: 264-88
TOWN OF NEWCASTLE
REPORT
File #
Res. #
By-Law #
MEETING: General Purpose and Administration committee
DATE: Monday, December 12, 1988
REPORT #: PD-264-88 — FILE #: PLN 14.4
SUBJECT: AUTO WRECKING AND SALVAGE YARDS
CORRESPONDENCE FROM RUTH GRIER, ENVIRONMENTAL CRITIC
FOR THE N.D.P. CAUCUS - DATED JULY 15, 1988 - FILE: PLN 14.4
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-264-88 be received; and
2. THAT a copy of Report PD-264-88 be forwarded to Ruth Grier, M.P.P. ,
Etobicoke - Lakeshore; the Minister of Environment, and the Minister of
Municipal Affairs; and
3. THAT Staff be directed to prepare a by-law for licencing, regulating, and
governing automobile wrecking yards under Section 210(130) of the Municipal
Act; and
4. THAT all auto wreckers and salvage yards listed in Attachment #2 be required
to submit proof that they are currently licenced under the Highway Traffic
Act or registered as a Motor Vehicle Dealer to legally operate as a motor
vehicle wrecking yard.
REPORT NO.: PD-264-88 PAGE 2
-------------------------------------------------------------------------------
1. BACKGROUND
1.1 At its meeting of September 12, 1988, Council referred to Staff a
letter dated July 15, 1988 from Ruth Grier, M.P.P. for Etobicoke -
Lakeshore and Environment Critic for the N.D.P. Caucus (Attachment #1) .
Ms. Grier noted that since October 1979, motor vehicle wrecking yards
have not been regulated or monitored by the Ministry of Environment.
Shortly afterwards Ministry of Transportation withdrew from the field
of regulating the appearance of motor vehicle wrecking operations
(although they are still required to obtain a licence under the Highway
Traffic Act) . Municipalities now have complete responsibility for
regulating wrecking and salvage yards detailed in the Municipal Act and
the Planning Act.
1.2 Ms. Grier has received complaints from persons concerned that motor
vehicle wrecking yards are not only eyesores but represent an
environmental problem due to contamination from oil and old batteries.
She has requested municipalities to provide information on any problems
that they have encountered and to provide suggestions for the orderly
regulation of these operations.
2. EXISTING AUTO WRECKING AND SALVAGE YARDS
Ten active auto-wrecking or salvage operations have been identified in
the Town of Newcastle. These are listed in Attachment #2 and located
on the map which forms Attachment #3. These are businesses which
actively engage in the purchase, storage, wrecking and selling of auto
parts and complete automobiles. They are scattered throughout the
Town. Some are very large, professional operations.
In addition, there are garages and some private individuals who store
derelict motor vehicles on site for one purpose or another. A number
3
. . . . _/� /~�/
. / , �|/
88DOBT 00. : PD-364-88 PAGE 3
_______________________________________________________________________________
of these are located in the Cooctice Industrial Park and along Highway
#2. Most of these are illegal uses under the ]ovmz'a Zoning By-law and
Property Standards By-law.
3" CURRENT LEGISLATION
3.1 Three types of regulations affect the operation of motor vehicle
wrecking yards and salvage yards. These are the following:
a) Planning Regulations
b) Licensing Regulations
C) Environmental Regulations
3.3
Planning Regulations
3.2.1 Under the Planning Act, there are four tumIa available to a
municipality to regulate the location, design and operation of motor
vehicle vvcechlug and salvage yards: the official plan, the zoning
by-law, site plan control and property standards by-laws.
3.2^2 The Official Plan
Many municipalities incorporate policies to deal with wrecking and
salvage yards in their official plans dealing with the location and
screening of these facilities and the pollution of watercourses.
Section I1.3.9 and 12.2.1I of the Durham Regional official Plan,
contains the following policy:
"Notwithstanding any provisions in this Plan to the contrary, salvage
yards may be allowed in specific locations in all Agricultural Areas
(and the Major Open Space System) at the discretion of the respective
area municipality provided that such use:
a) Will not become an eyesore in the general landscape;
b) Will not create a nuisance to the surrounding uses;
n) Is not located in highly productive agricultural lands; and
d) Is zoned in the zoning by-law in a special zoning category for that
use."
REPORT NO. : PD-264-88 PAGE 4
-------------------------------------------------------------------------------
3.2.3 The Zoning By-law
Most municipalities include special zoning categories with precise
definitions for the activities to be conducted within that zone. The
Town of Newcastle Zoning By-law identifies separate zones for motor
vehicle wrecking yards (M2-5) and salvage yards (M2-4) .
A motor vehicle wrecking yard is defined as
"an establishment where scrap motor vehicles are stored and/or
dismantled and where used motor vehicle parts are sold. Limited
sales of road worthy motor vehicles are considered accessory to
the operation of a Motor Vehicle Wrecking Yard."
A salvage yard is defined as
"an establishment where goods, wares, merchandise, articles or
materials are processed for further use and where such goods,
wares, merchandise, articles or things are stored wholly or
partly in the open and includes a junk yard, a scrap yard, a
scrap metal yard, but not a motor vehicle wrecking yard or
premises."
The general provisions of the "General Industrial (M2)11 zone apply to
both the 'IM2-411 and 'IM2-511 zones including the regulations regarding
outside storage and the setback requirements. It should be noted that
some municipalities include special provisions for wrecking or salvage
yards.
Of the ten operating wrecking and salvage yards identified in the Town
of Newcastle, only two are properly zoned. The balance are legal non-
conforming uses which pre-existed the comprehensive zoning by-law 84-63
and were not recognized as desirable uses.
3.2.4 Site Plan Control
Under Section 40 of the Planning Act, the Town can stipulate various
requirements and can require the proponent to enter into a site plan
agreement for the development of a wrecking or salvage yard. The
requirements of the municipality relate to such matters as fences,
landscaping, garbage storage, lighting, parking, etc.
REPORT NO. : PD-264-88 PAGE 5
-------------------------------------------------------------------------------
At the present time, only one wrecking yardin the Town of Newcastle is
covered by a site plan agreement. Most operations are long established
and predate site plan control.
3.2.5 Property Standards By-laws
Property Standards by-laws are another planning tool available for the
regulation of auto wrecking and salvage yards and the storage of
derelict automobiles. The following provisions are contained in the
Town of Newcastle Property Standards By-law relevant to the operation
of wrecking and salvage yards.
5.1.1 All yards shall be kept clean and free from rubbish, debris
and ashes, health, fire and accident hazards.
5.1.4 Any vehicle, including a trailer, which is in a wrecked,
dismantled or abandoned condition shall not be parked, stored
or left in a yard, unless it is necessary for the operating of
a business enterprise lawfully situated on the property.
5.1.5 Where a restricted area by-law permits outside storage, such
storage shall not exceed the lesser of 2.5 metres or the
height of a surround fence.
5.1.6 Outside storage shall be maintained so as to prevent an unsafe
or unsightly condition out of character with the surrounding
environment.
The Property Standards By-law is most useful in the case of the wrecked
or dismantled vehicles being stored on lands not legally recognized as
a motor vehicle wrecking yard. Since, however, most wrecking and
salvage yards are legally recognized businesses with the need for
substantial outdoor storage, the only effective controls available to
the Town are to control the height and ensure that it is maintained in
a "safe" condition. It is difficult to substantiate that they are
"unsightly" given the nature of the business.
3.3 Licensing Regulations
3.3.1 Three Provincial statutes provide for the licensing and regulating
of motor vehicle wrecking and salvage yards by different
. . .6
V_r
REPORT NO. : PD-264-88 PAGE 6
-------------------------------------------------------------------------------
authorities. Licensing provides opportunity for regular inspection and
allows the relevant authorities to impose any reasonable conditions to
protect the public interest.
3.3.2 The Municipal Act
Section 338 of the Municipal Act provides for the licensing and
regulating of salvage yards, including automobile wrecking yards.
Section 210 (130) of the same Act states that Council may pass by-laws
for "prohibiting or regulating and inspecting the use of any land or
structure for storing used motor vehicles for the purpose of wrecking
or dismantling them or salvaging parts thereof for sale or other
disposal.
At the present time, the Town of Newcastle does not have a licensing
by-law governing salvage yards. A municipal By-law (76-6) was prepared
at one time but only received second reading and was subsequently
tabled. Nevertheless, the Town has licensed four wrecking yards since
1981.
3.3.3 The Highway Traffic Act
The Highway Traffic Act states that no person shall "engage in the
business or wrecking or dismantling of vehicles without having been
licensed so to do by the Ministry" of Transportation. Such licences
cost $25. renewable annually and as a condition of the licence the
owner must keep a register of all vehicles bought, sold, or wrecked.
Only one of the ten wrecking and salvage operations are licensed under
the Highway Traffic Act.
3.3.4 The Motor Vehicle Dealers Act
Motor vehicle dealers are required to be registered with the Ministry
of Consumer and Commercial Relations. Wrecking yards which engage in
the "selling" of motor vehicles are required to be registered under the
7
REPORT NO. : PD-264-88 PAGE 7
-------------------------------------------------------------------------------
Motor Vehicle Dealers Act and, as such, are exempt from being licensed
under the Highway Traffic Act. Registration costs $200 renewable every
three years. Businesses must maintain a register of all vehicles
bought, sold or wrecked. Five of the ten wrecking and salvaging
businesses are registered as motor vehicle dealers.
3.4 Environmental Regulations
3.4.1 A derelict motor vehicle is a form of waste governed by the
Environmental Protection Act. As such, a motor vehicle wrecking yard
is classified as a type of waste disposal facility. In 1979, however,
a regulation was filed under the Act to end the Ministry of the
Environment's responsibility for certifying "derelict motor vehicle
sites" and effectively transferring this responsibility to
municipalities.
The Ministry of the Environment approached municipalities to regulate
motor vehicle wrecking yards through good planning practices and
licensing which would require compliance to sound environmental
regulations. These could include the following:
- prohibition of storing derelict motor vehicles on land covered
by water or subject to flooding
- prohibition of open burning
- draining of fluids and their disposal in accordance with the
Environmental Protection Act
- adequate buffering to minimize noise, odour, and visual
pollution.
It should be noted that the Ministry of the Environment still remains
concerned for the pollution of watercourses from wrecking yards and
they will conduct any investigation necessary arising from complaints
about such a problem.
8
REPORT NO. : PD-264-88 PAGE 8
-------------------------------------------------------------------------------
4. COMMENTS
4.1 The effective regulation of motor vehicle wrecking yards and salvage
yards is now clearly the responsibility of the local municipality by
nature of its powers in land use planning, its ability to licence and
regulate such facilities and its responsibility to enforce the
appropriate provisions of the Environmental Protection Act. The
licensing procedures of the Ministry of Consumer & Commercial Relations
and the Ministry of Transportation are oriented to the regulation of
business practices and do not safeguard environmental and land use
planning concerns.
4.2 The Town of Newcastle has the appropriate planning documents in place
to govern the location and site planning of new motor vehicle wrecking
and salvage yards.
4.3 There are major problems faced by the Town in the regulation of
existing wrecking operations. As noted previously, eight of the ten
identified wrecking and salvage yards are legally non-conforming uses
in the zoning By-law. As such, these businesses continue to operate
without the benefit of screening, landscaping, appropriate setbacks and
other provisions which would be required of a new wrecking or salvage
yard. As such the Town has little control over their operation.
The introduction of a licensing by-law would provide the Town with a
legal framework to establish minimum standards to govern all aspects of
the wrecking yard operation. This would not only allow for some site
planning matters, such as buffering and screening, to be required but
it would also allow for safe environmental practices to be addressed.
Whereas the municipal powers under the Planning Act only allow the Town
to regulate land use, a licencing by-law allows the Town to regulate
operational matters. In this sense, the Town could begin to address
some of the very valid concerns about legal non-conforming wrecking
yards.
9
REPORT NO.: PD-264-88 PAGE 9
-------------------------------------------------------------------------------
4.4 Another action which could be undertaken by the Town would be an
amendment to the comprehensive zoning by-law to clarify two matters:
i) the definition of motor vehicle wrecking yards be revised
to require that they be "licenced" establishments;
ii) the general provisions be revised to prohibit the storage
of derelict motor vehicles except in a licenced wrecking
yard or a certified waste disposal site or in an enclosed
building.
At the present time? the Zoning By-law is silent on the storage of
derelict motor vehicles.
An amendment to the Zoning By-law would reinforce the provisions of the
Property Standards By-law and thus provide one additional lever that
the Town could apply to ensure a higher quality environment. Staff
will be considering such an amendment as part of a broad package of
technical amendments to be submitted to Council at a later date.
4.5 In addition to the introduction of a licencing by-law and amendments to
zoning by-law, the critical element is bolstering the actual
enforcement of municipal by-laws. At the present time, given limited
staff resources, enforcement is limited to complaint only basis
regarding the illegal storing of derelict automobiles. Actual auto
wrecking yards are not inspected. The gap left by the withdrawal of
the Ministry of Environment and the Ministry of Transportation from the
regulation and monitoring of auto-wrecking yards will continue to be
unmet unless additional staff resources can be applied. This issue of
staffing will be addressed through the 1989 budget process.
5. CONCLUSIONS
The Town of Newcastle has not been in a position to fill the gap left
by the withdrawal of the Ministry of the Environment and the Ministry
of Transportation. The issues, however, are so fundamentally related
to the regulation of land use and are not technically complicated
. . .10
REPORT NO. : PD-264-88 PAGE 10
-------------------------------------------------------------------------------
environmental issues. It is appropriate, therefore, that
municipalities assume full responsibility for this mandate and provide
the legislative basis and administrative resources to do the job. It
is clear that the Province does not intend to reverse their decision
although Provincial staff are willing to assist municipal staff when
required.
In addition to the other initiatives proposed in this report, it has
been noted that, on Staff's best information, four auto wreckers are
not licenced under the Highway Traffic Act or registered under the
Motor Vehicle Dealers Act. It is recommended that all auto wreckers
and salvage yards be requested to submit proof that they are
appropriately licenced to legally operate, and that, failing such,
Staff will take appropriate action.
This report has been reviewed with the Director of Public Works who
concurs with the recommendations.
Respectfully submitted, Recommended for presentation
to the Committee
�uL Ut&'.-
------------------
Franklin Wu, M.C.I.P. Lawrenc E. Kotseff
Director of Planning & Development Chief A m' is trative officer
DJC*FW*jip
*Attach.
November 24, 1988
L C 0_q ✓ y r� y7
_3�� wetivellpl
CONiMUiyICATIONS IiIRr;CTION ll-4
July 15, 1988
To Members of Municipal Councils :
As environment critic for the NDP Caucus at Queen ' s Park
I have received a number of complaints against auto
wrecking and salvage yards . Neighbouring residents are
concerned not just because many of these operations are
eyesores, but because of potential contamination from oil
and old batteries .
In my investigation of the issue, I learned that since
October 1979, derelict motor vehicle sites have not had
to have approval certificates or have not been regulated
or monitored by the Ministry of the Environment . Soon
after that the Ministry of Transportation also withdrew
from the field by announcing that it would no longer
regulate the appearance of auto wrecking operations
(although they are still licensed under section 41 of the
Highway Traffic Act ) .
Municipalities now have complete responsibility for these
sites under section 210 ( 130 ) of the Municipal Act and
section 31 of the Planning Act . What the municipalities
often don ' t have, however , are the resources or the
expertise to monitor and inspect such operations . Many
of the smaller municipalities don ' t even have full-time
by-law inspectors .
I have the information sheet from the Ministry of
Municipal Affairs that describes how some of you have
dealt with this issue; but I write now to ask if your
municipality has experienced problems to do with such
operations and what you think the Ministry of the
Environment should do to end these problems.
i
( . . .over )
Page 2 . . .
As people become more concerned with environmental
degradation and more aware of the regulating process,
they are also more demanding of their rights . In other
words, the issue isn ' t going to go away . Indeed, there
is every indication that it is becoming more contentious .
I would appreciate having your opinions on how best to
regulate auto wrecking yards .
Y_Q.Urs sincerely
` A
Ruth Grier , M P.
opseu: 593 Etobicoke-Lakeshore
DN: WRECK
ATTACHMENT #2 TO REPORT PD-264-88
AUTO WRECKING YARDS AND SALVAGE YARDS
Town (1) M.T.O. (2) M.C.C.R. (3)
Licensed Licensed Registered
Wrecking Wrecking Auto Site Plan
Name Location Yard Yard Dealer Zoning Agreement
1. Dom's Auto Parts Ltd. Pt.Lt. 32, Conc. 1 Yes No Yes "A", "M2-5" No
(50.4 acres) Darlington Legal Non-conforming
2. Courtice Auto Wreckers Pt.Lt. 27, Conc. 3 Yes No Yes "A", "EP" No
(4.2 acres) Darlington Legal Non-conforming
3. Robert Parr Wreckers Pt.Lt. 31, Conc. 7 Yes No No "A" No
(52 acres) Darlington Legal Non-conforming
4. Chaskavich Auto Wreckers Pt.Lt. 24, Conc. 2 Yes No No "A" No
(2.3 acres) Darlington Legal Non-conforming
5. Ackerman Auto Wreckers Pt.Lt. 13, Conc. 3 No No Yes "A-1" No
(28.4 acres) Darlington Legal Non-conforming
6. Newcastle Recycling Ltd. Pt.Lt. 12, Conc. 3 No No Yes 11M2-5" No
(38.0 acres) Clarke
7. Elliott Auto Parts Ltd. Pt.Lt. 3/4, Conc. 2 No No Yes "M2-511, "EP" Yes
(72.8 acres) Clarke
8. Jackson Auto Wreckers Pt.Lt. 9, Conc. 6 No No No "A", "EP" No
(37 acres) Clarke Legal Non-conforming
9. Cowanville Auto Wreckers Pt.Lt. 16, Conc. 3 No No No "A" No
(13 acres) Clarke Legal Non-conforming
10. R.S. Stephenson Pt.Lt. 23, Conc. 1 No Yes No 11M2-4" No
(Newcastle Salvage) Clarke
(38.3 acres)
(1) Licensed under Section 228 of Municipal Act 'C�
(2) Licensed under Section 41 of the Highway Traffic Act
(3) Licensed under Section 3 of the Motor vehicle Dealers Act
F. ._-_. ---�
as
I
. 14 I
I
ROBERT PARR 35
IWRECKERS I
' S .
a JACKSON AUTO
WRECKERS '
a Ia
I I
ACKERMAN AUTO n
WRECKERS
n
: .� COURTICE AUTO NEWCASTLE
WRECKERS ::> :rt: � RECYCLING 3
it:o::6:':j:::•':::f'.. .:s,;,t;,:::r: �q,F� ::Y ktfrk� I
:.,f'. #i:I""..`',u+ Q><.::>:':@: ii??i?.L•ii?: 115
``✓ CHASKAVICH COWANVILLE� ' o
>v::¢: � AUTO WRECKERS
AUTO WRECKERS ::... `5}`; '
.:;
kill
OAUTO PARTS { < ::.<,:: <:;:: „ :: x •... t< � AUTO PARTS o
f`�C'{fjC,l:Gkta;•.. <I::k?':``.i'Iii k,}C;I: Z ...+ `..` STLE
i�,&��.,'9
401
•SA
SALVAGE
� o
; u . I 1
N
Lake Ontario
co
00
(e1