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) .
I
i