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HomeMy WebLinkAboutP-60-79 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D. N. SMITH 'M.C.I.p., Director HAMPTON,ONTARIO LOB 1JO TEL. (416) 263-2231 IN CAMERA REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING, May 14, 1979 REPORT NO. : P--60-79 SUBJECT: Town's Position Regarding O.M.B. Referrals of Durham Regional Official Plan 3. Pits and Quarries, R-1/R-10 Aggregate Producers Associates of Ontario BACKGROUND: These particular referrals are directed towards two separate sections of the Durham Regional Official Plan, Section 4 - Pits and Quarries and Section 12 - Major Open Space System. The basic reasons for the objections can best be summarized as follows: a) the provisions of the plan are too restrictive for the development of pits and quarries; b) the plan does not establish criteria for establishment and development of pits and quarries; c) the necessity of site specific amendments causes unnecessary delay and hardship; d) the plan fails to identify areas of high aggregate potential; 2 e) the legality of certain provisions is in doubt; f) certain provisions of the plan are deemed beyond Planning jurisdiction; and g) lack of opportunity to make representation on provisions which differed between Discussion Paper 4 and adopted plan. These sections of the Durham Regional Official Plan were also the subject of concern to the Ministry of Natural Resources and the Ministry of Housing. The Ministry of Natural Resources is concerned about ensuring the option of extracting, from the area reserves, aggregates of Regional I and Provincial. importance. They were also concerned about the need to identify the location of these reserves in order to protect against en- croachment by incompatible uses. The Ministry of Housing's basic concern was related to the necessity of site specific amendments and administering same. I COMMENTS; The Town's interests in these referrals are basically related i to ensuring that any adverse effects, created by the establishment and operation of pits and quarries, are adequately mitigated. In that i regard, our major concerns are with impacts upon municipal. roads from i increased truck traffic, compatibility with adjacent land uses, assess- ment and the rehabilitation of inactive or abandoned pits. CONCLUSION: The Durham Regional official Plan addresses these concerns i through Sections 4.2.3, 4.2.6 inclusive, 4.2.8 and 4.3.1 to 4.3.4 in- clusive (copies �t-tached) and should, therefore, be supported by the Town. 3 _ RECOMMENDATION: That the Planning and 'Development Committee recommend to Town Council the following: 1. That this report be received; and that 2. The Region of Durham be advised that the Town of Newcastle supports their position relative to referrals R-]. and R-10; and that I 3. Mr. D. Sims, Town Solicitor, be advised that his presence is not required at the hearings dealing with this matter. Respectfully submitted, TTE:ib D. N. Smith, M.C.I.P. April 27, 1979 Director of Planning. I i i i i I i 12 SECTION 4 PITS & QUARRIES 1+• 1 GOALS To conserve and enhance the quality of the natural environment and to maintain the Region ' s natural resources with minimal disturbance to the ecology. 4. 1 . 2 To prevent the indiscriminate exploitation of the mineral aggregate resources located in the Regional )Municipality of Durham. 0 4. 1 . 3 To protect the amenities of existing residential development from disturbances created by ail activities associated with the extraction of mineral aggregates . 4. 1 . 4 To manage the extraction of mineral aggregates in a reasonable fashion to minimize its negative environmental , financial , and social impacts on the affected municipalities . 4 .2 POLICIES Legally existing pit and quarry operations which in the opinion of the Council of the respective area municipality are compatible with other uses , may be so zoned in the zoning by- laws . 4')1+• 2. 2 Pit and quarry operations shall include quarrying and the extraction of gravel , sand and other aggregates . Crushing , screening , aggregate storage and accessory uses essential to the primary operation shall also be allowed provided that such uses are not Incompatible with adjacent land uses, 4. 2. 3 No new pit or quarry shall be permitted in any areas other than by amendment to this Plan and the appropriate by- laws. Each application shall be considered on its merits. .a�L) 4. 2. 4 Adequate buff(!ring and screening between other uses and pits and quarries shall be provided. its and quarries shall be rehabilitated ) 4. 2. 5 All worked-out p and the progressive rehabilitation of operating pits and quarries shall be encouraged . <")Sectt.ons 4. 1. 1, 4. 1. 2, 4. 1 . 3, 4. 1 .4, 4. 2. 1 , .1. 2. 2, 4. 2. 3, 4. 2.4, 4. 2 . 5 4. ?.. 6 4. 2 7P 4. 2. &, 4. 3. 1, 4. 3. 2, 4. 3. 3 a)id •1. 3. 4 -te6e�.ted to the O.M. B. (RO 1 ) 13 .. 11. 2. 6 in addition to site-by-site rehabilitation programs as speciflod in The Pits & Quarries Control Act 1971 , Regional Council shall develop an overall rehabilitation program in consultation with the Council of the respective area municipality, the provincial government and the owners of pit and quarry operations in order to ensure the comprehensive rehabilitation of all such operations In the Region. 4. 2. 7 Rehabilitated sites shall exhibit slopes which establish visual compatibility with the surrounding land uses and landscape. c.14•2• 8 Regional Council shall request the Ministry of Natural Resources to amend The Pits and Quarries Control Act to provide adequate funds to municipalities for the rehabili - tation of existing and inactive or abandoned pits and quarries, and for monetary compensation in lieu of adequate assessment. In addition, Regional Council shall request the Ministry of Natural Resources to retain and strengthen the municipal control of pits and quarries as is now provided for under The Planning Act , R. S.O. 1970, C. 349, as amended ; The Municipal Act , R. S.O. 1970, c. 284 , as amended; and The Pits and Quarries Control Act , 1976, R. S.O. 1971 , C. 96, as amended. 4+ 2. 9 Notwithstanding any other provisions in this Plan to the contrary, Regional Council shall encourage the Councils of the respective area municipalities to pass by-laws , without the necessity of an official plan amendment , to permit the establishment of wayside pits as defined in The Pits and Quarries Control Act. Such wayside pits shall be opened and operated only by the Ministry of Transportation and Communications , the Regional Council , the Council of an area municipality, or their agents , and shall be in conformity with the above by- laws . 1E• 3 IMPLEMENTATION 4.• 3• i In considering applications for amendment to this Plan for pit and quarry operations , consideration shall be given to the following: a) The impact on adjacent residents ; I .� Sec-tions 4. 1 . 1, 4. 1. 2, 4. 1 . 3, •3. 1 . 4, 4. 2. 1, 4. 2. 2, 4. 2. 3, 4. 2. 4, 4. 2. 5, 4. Z. 6, 4. 2. 7, 4. 2. 8, 4. 3. 1, 4. 3. 2, 4. 3. 3 and 4. 3. 4 K IM& to the O.M.B. J R# 1 ) . b) The impact on the physical environment; c) The capabilities for other land uses ; d) Proper utilization and phasing of extraction; and e) Such other matters as Council deems necessary. A_ 1) 4.3. 2 In addition to Section 4.2. 1 , the Councils of the area municipalities shall pass the appropriate zoning by- laws to prohibit the establishment of new pit and quarry operations in the remainder of the respective municipality. 4.3.3 Rezonings to allow pit and quarry operations may be granted at the discretion of the Council of the respective area municipality, but no such rezoning shall be granted unless: a) The Council of the respective area municipality has passed a by-law for regulating pit and quarry operations under Section 354(1 ) 123 of The Municipal Act, R. S.O. 1970, c. 284, as amended, which by-law shall also contain provisions authorizing the area municipality to enter into agreements with the operators of pits and quarries ; b) An agreement under the above by- law or under Section 35a of The Planning Act , R. S.O. 1970, c. 349, as amended has been entered into between the Council of the respective area municipality and the applicant and such agreement registered against the land to which it applies ; and c) Financial security in the form of a performance bond or otherwise sufficient to ensure the complete rehabilitation of the pit or quarry has been deposited with the area municipality. I ____4, 3. 4 The agreement referred to in Section 4 .3. 3 (b) shall include; I a) Site plans submitted in accordance with the provisions of The Pits b uarries Control trol Act 1971 providing the following additional information to the satis- faction of the Council of the respective area j municipality: i ) The pattern, quality and estimated quantity of the aggregate resources within the property; �Scc.tiorU 4. 1. 1, 4, 1. 2, 4. 1 . 3, 4. 1 . 4, 4. 2. 1 , 4. 2. 2, 4. 2. 3, 4. 2.4, 4. 2. 5, 4. 2. 6, 4. 2, , 4. 3. 1, 4. 3. 2, 4. 3. 3 and 4. 3. 4 'he6P. ,,Leal to the 0.M. B (R# 1 ) . i I ii ) A soils survey describing soil type, organic matter content , depth of top soil and depth of overburden; III ) A survey of existing surface water- systems and provisions for anticipated changes due to the extraction and subsequent management practices; iv) A survey of ground-water determining the source of water, quantity, quality and seasonal fluctuation; v) A description of the access to and the shape , depth and internal flow patterns of water bodies created as a result of the pit or quarry; vi ) A survey of wildlife which inhabit the site; vii ) A survey of the location and character of existing vegetation systems ; v M )The extent of adjacent property holdings intended for future pits and quarries ; and ix) The intended slope or slopes of the rehabilitated site and the angle of repose of the material ; b) Provisions requiring the pit or quarry operation to be conducted in accordance with the site plans , including provisions requiring vegetation screening, berming and other forms of buffering from adjacent land uses; C) Provisions requiring the progressive and final rehabilitation of the pit or quarry in accordance with the site plan; i d) Provisions for the designation and maintenance of routes to be used be gravel trucks; and e) Provisions requiring the posting of the financial security referred to in Section 4.3 .3 (c) . 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