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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