HomeMy WebLinkAboutP-149-80 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P., Director
HAMPTON. ONTARIO LOB 1 JO TEL.(416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF SEPTEMBER
29, 1980.
REPORT NO. : P-149-80
SUBJECT: Pits and Quarries Licencing By-law
Pits and Quarries Development Agreement
BACKGROUND AND COMMENT:
On August 27, 1979, Council adopted resolution C-1081-79
(attachment 1) which recommended approval of a proposed Official Plan
amendment submitted by Salco Sand and Gravel Ltd. Council's approval
of the proposed amendment was conditional upon the applicant entering
into an agreement, with the Town, which would address a number of local
concerns as outlined by the Council resolution.
Following on Council's direction, a meeting was held with the
Town Manager and the Director of Public Works on December 14, 1979. As
a result of that meeting it was decided that staff would present, for
Council's approval, a by-law prepared under the authority of the Municipal
Act, for controlling pits and quarries, as well as, a draft agreement and
rezoning by-law (if possible) for the Salco property.
In fulfillment of the agreed to course of action, Planning Staff
drafted and circulated a comprehensive agreement specifically designed for
the property in question. No response was received to our circulation. P �
However, at the May 21, 1980 Department Heads meeting, a draft Pits and `)�s° /�'
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Quarries by-law and draft agreement, both prepared by the Town Manager,
were discussed. Written comments were to be submitted directly to the
Planning Department since it was generally agreed that the Planning Depart-
ment would co-ordinate the review of the draft by-law and corresponding
agreement, and make any necessary revisions. It was also agreed that the
two documents should be forwarded to the Town's solicitor for his review
prior to Council consideration.
As a result of our requests, the following comments were received.
Town of Newcastle Clerk
"My general comment on the above by-law is that it appears to
be modelled on a by-law for another municipality and will have
to be rewritten to take certain things into account.
Section 17, for instance, refers to regulate the use of lands
and character, location and use of buildings in the Town of
Newcastle. We, of course, have separate by-laws for the four
former municipalities. Section 7.3 and 19.4 present the same
problem. Section 22 should be reworded to provide for corrections
by a J.P. as well as Provincial Judge, or better still, use the
same wordings as in the penalty clause of By-law 80-66."
(.Staff note that the entire by-law has been rewritten to more
closely suit the particular circumstances of the Town of Newcastle.
We also note that the references to particular by-law numbers has
been deleted and reworded again to reflect the Town's own partic-
ular situation. Section 22 has been amended to reflect the suggested
changes.)
Town of Newcastle Fire Department
"I would submit the following comments.
7. Suggest when closing off roads in conjunction with gravel pit
areas all aspects affecting services should be included in the
draft agreement.
7.6 This section would be under the jurisdiction of the Ministry
of the Environment regardless of location of units.
19.3 Should be circulated to all Municipal Departments for comment."
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(Staff note that the terms of the by-law will permit the
Town to include any additional matters, deemed necessary,
within the terms of the agreement. While many items within
the by-law speak to matters under the jurisdiction of other
agencies, it is the intent of the by-law to specify the min-
imum requirements of the Town. It is noted that all agreements
are presently circulated to all departments as standard procedure.)
Town of Newcastle Treasurer
"My only comment in regard to the subject by-law is in relation
to Paragraph 8.2 which requires mowing of grass in months of July
and August and I would question the adequacy of this provision."
(Staff note that while it appears the intent of the original
by-law was to require only rough cutting of grass permitting
minimum maintenance, due to the usually rural locale of gravel
pits, we have revised the wording slightly to require mowing
and maintenance at appropriate intervals.)
Written comments were not received from either the Public Works
Department or the Community Services Department. However, verbal com-
ments provided by the Director of Public Works indicated some concern
in respect of entrance requirements and this Section has been changed
to conform with the Town's current entrance policies. Concern was also
expressed verbally about Section 20, dealing with administration, and
this Section has been revised to permit the by-law administration to be
delegated to a Municipal employee.
During our own review of the draft by-law, a number of revisions
were made dealing with, among other things, definition of terms, minimum
yard requirements, consistency with existing by-laws, and procedures for
zoning amendments. The revised draft licencing by-law is included as
Attachment 2 to this report.
The draft agreement has also been revised and reflects the more
comprehensive requirements of the first draft agreement as prepared by
this Department. The second draft, which was included for circulation,
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dealt most specifically with the rehabilitation of pits and quarries
and only generally with other aspects of operation. In view of this
fact, it was felt that the more comprehensive version would more adequately
satisfy the Town's needs. The revised draft agreement is included as
Attachment 3 to this report.
CONCLUSION:
Based on our review and revisions, we are now prepared to submit
the draft Pits and Quarries Licencing By-law and draft Pits and Quarries
Development Agreement for the Committee's consideration. However, prior
to Council approval, it is suggested that the draft by-law and agreement
be forwarded to the Town's solicitor for his review and comment.
RECOMMENDATION:
That the Planning and Development Committee recommend to Council
the following:
1. That report P-149-80 be received for information; and that
2. The draft Pits and Quarries Licencing By-law and draft Pits
and Quarries Development Agreement be forwarded to the Town's
Solicitor for review and comment prior to 'Council consideration.
Respectfully submitted, ` ,
T
TTE:lb D. N. Smith, M.C.I.P.
September 8, 1980 Director of Planning
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Attachment 1 to Report P-149-80
Council Minutes August 27, 1980
"Resolution C-1081-79
Moved by Councillor Holliday, seconded by Councillor Barr
1. WHEREAS Salco Sand and Gravel are licensed sand and gravel
operators in our municipality, and
2. WHEREAS the Town of Newcastle is attempting to provide
a larger industrial base in the municipality, and
3. WHEREAS the present Regional Road 20 is presently being
used by other sand and gravel operators outside our
community, and
4. WHEREAS the Town of Newcastle cannot prevent the use of
other trucks from using Regional Road 20 by other sand
and gravel trucks, and
5. WHEREAS Salco Sand and Gravel have contracted to use a
nearby pit in our municipality, and
6. WHEREAS there have been no objections by the concerned
Ministries to date, and
7. WHEREAS the Town of Newcastle recognizes the concerns of
the citizens on Regional Road 20, and
8. WHEREAS the Town of Newcastle recognizes the deficiences
of Regional Road 20:
THEREFORE be it resolved that the Town of Newcastle approved
the application for Official Plan Amendment for Part Lot 32
Concession 10 former Township of Clarke File 79-8/D subject
to the applicant entering into an agreement (prior to the O.P.A.
approval) similar to those in effect in the Town of Uxbridge
and also including other Town of Newcastle concerns not
limited to the following:
a) Hours of operation (Uxbridge - 6 a.m. - 7 p.m.)
b) Entrance and exit design, operation location and maintenace,
such as oiling or asphalt surfacing.
c) Side road maintenance and operation if applicable.
d) Site berming, rehabilitation and maintenance.
e) Site plan, location, boundaries.
f) Adjacent land uses.
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g) Location and building sizes proposed.
h) Existing and anticipated site grades and setbacks.
i) Drainage provisions.
j) Anticipated (1) ultimate pit development
(2) site road plan
(3) water diversion or storage plan
(4) stripping and product stockpile plan
(5) tree screening or berming plan
(6) rehabilitation plan
(7) site use and ownership after operation plan
k) Truck routes and numbers.
1) Anticipated annual tonnages.
m) The owner recognizes the impacts to the Town of
Newcastle and is prepared to consider a royalty to
the Town of Newcastle (5� / ton is honoured in the
Town of Uxbridge) provided that this can be applied to
other sand and gravel operators in the area (in order
to equalize financial impacts to all concerned) .
n) A letter of credit or a bond to cover the concerns of the
agreement (Uxbridge has a letter of credit of $15,000
for an extraction of 300,000 T/year)"
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Attachment 2 to Report P-149-80
THE CORPORATION OF THE
TOWN OF NEWCASTLE
By-law No.
being a By-law to regulate the carrying on
and operation of Pits and Quarries in the
Town of Newcastle.
WHEREAS the Council of a local municipality is authorized to pass
by-laws for regulating the operation of pits and quarries in accordance
with Section 354(l) paragraph 123, of the Municipal Act, R.S..O. 1970;
AND WHEREAS the Council of the Town of Newcastle deems it necessary to
pass such a by-law.
NOW THEREFORE the Municipal Council of the Corporation of the Town of
Newcastle hereby ENACTS as follows:
1. In this by-law:
1.1 "holiday" shall mean a holiday as defined in the Inter-
pretation Act, R.S.O. 1970, Chapter 225;
1.2 "owner and operator" shall include all persons controlled
by the owner or operator and, for these purposes, a person
may be controlled by share holdings, contract, debt or other-
wise;
1.3 "person" shall mean an individual or individuals, a partner-
ship, a corporation, a municipality, or other group or body;
1.4 "pit" shall mean any depression or cavity in the natural level
of the ground made other than by natural. causes by removal of
top soil or sub-soil, or both, and from which sand, gravel, stone
or other similar material is, or is proposed to be, removed for
direct use on a road or for processing for road construction,
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road surfacing, building construction, concrete aggregates,
or similar uses, but shall not include any depression or
cavity made in the course of building construction or a farm
pond or swimming pool;
1.5 "quarry" shall have the same definition as in Section 1.4
above;
1.6 "street or road" shall mean a highway as defined by the
Municipal Act, R.S.O. 1970, Chapter 284, as amended;
1. 7 "yard" means a space, appurtenant to a building or structure
or excavation, located on the same lot as the building or
structure or excavation and which space is open, uncovered
and unoccupied from the ground to the sky except for such
accessory buildings, structures or uses as may be specifically
permitted elsewhere in this by-law;
1.8 "yard front" means a yard extending across the full width of
the lot between the front lot line and the nearest part of any
building or structure or excavation on the lot, or the nearest
open storage use on the lot;
1.9 "front yard depth" means the least horizontal dimension between
the front lot line of the lot and the nearest part of any build-
ing or structure or excavation on the lot, or the nearest open
storage use on the lot;
1.10 "yard rear" means a yard extending across the full width of
the lot between the rear lot line and the nearest part of any
building or structure or excavation on the lot, or the nearest
open storage use on the lot;
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1.11 "rear yard depth" means the least horizontal dimension
between the rear lot line of the lot and the nearest part
of any building or structure or excavation on the lot, or
the nearest open storage use on the lot;
1.12 "yard side" means a yard extending from the front yard to
the rear yard and from the side lot line of the lot to the
nearest part of any building or structure or excavation on
the lot, or the nearest open storage use on the lot;
1.13 "side yard width" means the least horizontal dimension be-
tween the side lot line of the lot and the nearest part of
any building or structure or excavation on the lot, or the
nearest open storage use on the lot;
1.14 "yard side exterior" means a side yard immediately adjoining
a public street;
1.15 "yard side interior" means a side yard other than an exterior;
1.16 "set-back" means the horizontal distance from the centre line
of the street allowance measured at right angles to such centre
line, to the nearest part of any building or structure or ex-
cavation on the lot, or the nearest open storage use on the lot.
2. No person shall operate a pit or quarry within the Town of Newcastle
except in compliance with the provisions of this by-law.
3. Nothing in this by-law is intended to make lawful any operation
which would otherwise be unlawful by reason of its constituting
the use, occupation or employment of any lands, buildings or structures
or excavations for purposes or activities prohibited by a restricted
area (zoning) by-law or any other by-law of the Town of Newcastle,
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or by the Mining Act, R.S.O. 1970, Chapter 79, as amended, or
by the Pits and Quarries Control Act, 1971, R.S.O. 1971, Vol.
2, C. 96, as amended, or for any other reason.
4. Persons owning or operating pits or quarries already in existence
at the date of the passing of this by-law shall deposit with the
Clerk of the Council of the Town of Newcastle on or before the
31st day of December 1981, and thereafter such person shall deposit
on or before the 31st day of December of successive years, the fol-
lowing information:
4.1 a survey, certified by an Ontario Land Surveyor, indicating
the true shape, dimensions, location and use of lands owned,
or under lease, and held for present or future use for pit
and quarry operations;
4.2 the location, height, dimension and use of all buildings or
structures on those properties presently being used for pit
and quarry operations;
4.3 the existing and proposed grades, contours and excavation set-
backs;
4.4 drainage provisions and any other water diversions or storage;
4.5 the location of all entrances and exits;
4.6 the location and nature of all landscaping, fences and/or berms;
and
4. 7 the location of all stockpiles or stripped top soil and/or
excavated materials.
5. No person shall operate a pit or quarry or permit the operation of
any machinery or equipment used in conjunction therewith, other than
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water pumping equipment, between the hours of 1900 of any day
and 0700 the next day or on any Sunday or holiday.
6. Every owner or operator of a pit or quarry shall, at regular
intervals, cause all roads within the pit or quarry to be treated
with oil, calcium chloride, or other dust controlling substance,
except water, as often as is necessary to control dust, and when-
ever requested by the Director of Public Works for the Town of
Newcastle.
7. No excavation shall be made in any pit or quarry so that any part
of the edge, rim or floor thereof is closer to the limit of any
public street or highway or adjoining property line than the front
yard, rear yard, interior side yard and exterior yard requirements
set out as follows:
7.1 Front Yard - the minimum front yard depth shall be fifteen
metres (15 m) provided that where the lands adjoining that
portion of the street abutting such front yard are legally
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used for, or designated by an applicable restricted area
(zoning) by-law, as amended, or any successor thereof, as
residential, commercial, or agricultural (only where such
agricultural lands contain residential uses within thirty
metres (30 m) of the applicable property line) , the minimum
front yard depth shall be increased to thirty metres (30 m) .
7.2 Rear Yard - the minimum rear yard depth shall be thirteen and
one half metres (13.5 m) provided that where the rear lot line
is the boundary between said rear yard and lands which are legally
used for, or designated by an applicable restricted area (zoning)
by-law, as amended, or any successor thereof, as residential,
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commercial, or agricultural (only where such agricultural
lands contain residential uses within thirty metres (30 m)
of the applicable property line), the minimum rear yard depth
shall be increased to thirty metres (30 m) .
7.3 Interior Side Yard - the minimum interior side yard width shall
be seven and one half metres (7.5 m) provided that where the
side lot line is the boundary between said interior side yard
and lands which are legally used for, or designated by an
applicable restricted area (zoning) by-law, as amended, or
any successor thereof as residential, commercial or agricultural
(only where such agricultural lands contain residential uses within
thirty metres (30 m) of the applicable property line) , the min-
imum interior side yard width shall be increased to thirty metres
(30 m) .
7.4 Exterior Side Yard - the minimum exterior side yard width
shall be thirteen and one half metres (13.5 m) provided that
where the lands adjoining that portion of the street abutting
such exterior side yard are legally used for or designated by
an applicable restricted area (zoning) by-law, as amended, or
any successor thereof, as residential, commercial or agricultural
(only where such agricultural lands contain residential uses
within thirty metres (30 m) of the applicable property line) ,
the minimum exterior side yard width shall be increased to thirty
metres (30 m) .
7.5 Setback - the minimum setback distances for all buildings,
structures or excavations located on the lot shall be equal
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to the applicable yard depth or width plus the horizontal
distance between the applicable property line after road
widenings have been taken, if necessary, and the centre
line of the applicable street.
7.6 No concrete batching plant, crushing plant, or aggregate
screening operation shall be located within one hundred
and fifty metres (150 m) of any front lot line or side lot
line or seventy-five metres (75 m) of any rear lot line.
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8. Every owner or operator of a pit or quarry shall establish and
maintain within all front and exterior side yards and within
rear and interior side yards which abut lands which are legally
used for or zoned for residential, commercial, or agriculture
(only if such agricultural lands contain residential uses within
thirty metres (30 m) of the applicable property line) , a suitably
landscaped berm or embankment the top of which shall not be less
than one and one quarter metres (1.25 m) and not more than three
metres (3.0 m) above the natural level of the adjoining street
or public highway in the case of front and exterior side yards and
of the adjoining property in the case of rear and interior side yards.
Planting strips shall be located in conjunction with such berms or
embankment and shall consist of at least four (4) rows of trees with
two metre (2 m) centres of a type which will attain a normal height
of at least ten and one half metres (10.5 m). In addition, the berm
or embankment shall be graded, properly drained and seeded to per-
ennial grass which shall be mowed and maintained at appropriate
intervals.
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8.1 Every owner or operator of existing pits and quarries
who, at the date of passing of this By-law, does not con-
form with the intent of Section 8 above, shall comply with
the said provision within twelve (12) months of the date
of passing of this By-law.
9. Every owner or operator of a pit or quarry shall erect and main-
tain on the surface of the lands around the boundary of the property
containing any pit or quarry, an 8-strand, farm type, mesh fence of
a minimum height of one and one quarter metres (1.25 m) sufficient
to enclose the pit or quarry except that no fences shall be required
to be erected between abutting pit or quarry properties. All en-
trances or exits shall have gates which shall be kept closed and
locked when the pit or quarry is not in operation.
10. Test holes shall be fenced immediately after being dug in the
manner set out in Section 9 above and shall be refilled and regraded
to the natural contour level of the lands within ten (10) days from
the time of completion of the digging.
11. Every owner or operator of a pit or quarry shall locate each and
every entrance and exit to the pit or quarry in accordance with
the provisions of By-law 79-127 of the Town of Newcastle, as amended
or any successor thereof, for regulating construction and placing
of entrances upon highways under the jurisdiction of the Town of
Newcastle. In the case of highways under the jurisdiction of the
Regional Municipality of Durham or the Province of Ontario, com-
pliance with their respective regulations in respect of entrances
shall also be required.
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12. Every owner or operator of a pit or quarry shall erect at points
on the public street or highway one hundred and fifty metres (150 m)
from all entrances and exits, standard "Trucks Turning" signs.
Such signs warning the public of the operation of a pit or quarry
shall be not less than three hundred centimetres (300 cm) by four
hundred and fifty centimetres (450 cm) and shall also be erected at
each entrance and exit.
13. All internal combustion engines located and operated within the
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pit or quarry shall be properly fitted with sound muffling equip-
ment equal to manufacturers' specifications or better and all equip-
ment shall be so operated as to avoid any unusual, unnecessary or
excessive noise.
14. Every owner or operator of a pit or quarry shall:
14.1 store within the boundaries of the property all top soil
removed from the surface of the land from which the pit
or quarry is made and shall use such top soil for the grading
of the sides and the floors of the excavation upon completion;
and
14.2 collect all scrap materials and pile same in one specifically
designed scrap piling area.
15. Every owner or operator of a pit or quarry which has not been in
operation for a minimum of two (2) weeks in any period of twelve
(12) consecutive months shall, within two (2) months of the expir-
ation of such twelve (12) month period:
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15.1 remove from the pit or quarry, and the land used there-
with surrounding the pit or quarry, or from that portion
of the pit or quarry not being excavated, all structures
and equipment used in such operations, save and except
fences;
15 .2 grade the floor so that it has a gradient of less than one
and one half metres (1.5 m) vertical in thirty metres (30 m)
horizontal, and all protruding rocks or boulders are covered;
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15 .3 grade the sides so that the angle of the sides measured in
a straight line from the point of intersection of the side
and the floor to the rim shall not exceed a gradient of one
metre (1 m) horizontally and three hundred centimetres (300 cm)
vertically;
15.4 replace on the excavated areas soil in sufficient quantity,
quality and depth to raise and maintain a healthy growth of
plants adequate to bind the soil;
15.5 where forest cover has been removed to create the pit or quarry,
the owner or operator shall plant the restored area with three
(3) year old seedling trees in a similar manner to that described
in Section 8 above, at a minimum number of two thousand five
hundred (2,500) trees to each hectare;
15.6 remove the berm or embankment established in accordance with
Section 8 above and shall regrade the land affected to its
natural contour level.
16. In the event that any substantial portion of the face or working
section of the perimeter of any pit or quarry presently existing
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or hereafter established shall not be commercially worked by
or on behalf of the owner or operator for a minimum of two (2)
weeks in any period of twenty-four (24) consecutive months, the
owner or operator shall restore that portion of the face or peri-
meter of said pit or quarry in the manner prescribed in Section 15
above.
16.1 When any portion of the perimeter or working face of a pit
or quarry reaches the limits prescribed in this By-law, or
the applicable restricted area (zoning) by-law, as amended
or any successor of either or both of the said by-laws, then
the owner or operator shall forthwith rehabilitate such portion
of the rim or working surface of the pit in the manner prescribed
in Section 15 above.
17. Proposals to develop or expand pit or quarry operations are only
permitted in accordance with the provisions of Section 4 of the Dur-
ham Regional Official Plan and by amendment to the applicable restricted
area (zoning) _by-law(s) of the Town of Newcastle.
18. Applications for amendments to the Durham Regional Official Plan
or the applicable restricted area (zoning) by-law(s) of the Town
of Newcastle shall be made to the respective municipality on the
forms and in the manner prescribed by the respective municipality
from time to time.
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19. The minimum requirements to be met by all persons applying for an
amendment to a restricted area (zoning) by-law of the Town of New-
castle are as follows:
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19.1 Each application shall be made in writing upon the pre-
scribed application form and submitted in duplicate accom-
panied by the prescribed application fee.
19.2 Each application shall be accompanied by the following:
(a) Two (2) copies of a survey of the property, prepared
and certified by an Ontario Land Surveyor, indicating
the location, true shape, topography, contours, dimen-
sions, area and description of the lands set aside for
the purposes of the new pit or quarry, or the area proposed
for expansion in the case of an existing operation;
(b) All information required by Section 4 of this by-law,
in respect of any existing pit or quarry operations
owned or operated by the applicant, if said information
has not already been deposited with the Clerk for the
Council of the Town of Newcastle;
(c) Twenty copies of a site plan indicating:
i) a key map showing the location of the site and
its relationship to other lands owned or operated
by the applicant;
ii) a general description of the site including lot and
concession lines;
iii) the shape, dimensions and area of the site;
iv) the use of the land and the use of buildings and
other structures, within one hundred and fifty
metres (150 m) of the site;
v) the location, dimensions and use of buildings and
other structures existing or proposed to be erected
on the site;
vi) the location of the excavation setback limits;
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vii) the location of fences and any significant
natural features;
viii) the location of tree screens and the species
and types of the trees;
ix) the location of earth berms and their height
and slope;
x) the topography of the site including existing
and final contours and spot elevations;
A) every entrance to and exit from the site as well
as proposed routes to be used by gravel trucks;
xii) drainage provisions;
xiii) the sequence and/or direction of operation;
xiv) as far as possible, ultimate pit development,
progressive and ultimate road plan, any water
diversion or storage, location of stockpiles of
stripped topsoil and excavated products, progres-
sive and ultimate rehabilitation, and where possible
intended use or ownership of the land after extraction
operations have ceased;
xv) the extent of adjacent property holdings intended
for future pits and quarries; and
xvi) any additional information such as hydrology, wild-
life, vegetation or soils studies which may be required
due to special concerns related to a specific site or
any other additional information that the Council of
the Town of Newcastle may deem necessary.
19.3 The applicant shall enter into an agreement with the Corpor-
ation of the Town of Newcastle, which shall incorporate by
reference to this by-law, the terms, conditions, guarantees
and securities that the applicant is prepared to offer and
enter into to assure, as far as possible, a minimum inconvenience
and hazard to ratepayers and residents of the municipality
resulting from the operation of the pit or quarry, and the
maximum restoration and rehabilitation of the property. The
matters which may be addressed by such agreements may include
but shall not be limited to the following:
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a) hours of operation;
b) truck routes;
c) additional studies;
d) rehabilitation;
e) access;
f) financial considerations.
19.4 The applicant shall be responsible for all costs of the
municipality in connection with the application, including
surveying, administrative, engineering, legal and planning
consultant fees, registrations, and any and all costs incurred
by the municipality in any application to the Ontario Munici-
pal Board for an amendment to the applicable restricted area
(zoning) by-law(s), as amended, or any successor thereof.
19.5 The applicant shall deposit with the Clerk for the Council
of the Town of Newcastle the sum of one thousand dollars ($1,000)
to be applied towards any or all costs, and the municipality
shall be reimbursed upon demand, for all reasonable additional
costs incurred in addition to the aforesaid deposit.
19.6 The Council of the Town of Newcastle reserves the right to
impose such further and other requirements and conditions
in the agreement hereinbefore mentioned as the particular
circumstances of each application may warrant.
19. 7 The Council of the Town of Newcastle further reserves the
right to impose a charge per metric tonne extracted from
the subject lands in order to supplement any monies made
available or caused to be made available by the Province of
Ontario to the Town of Newcastle in relation to the extraction
of aggregate materials in the Town.
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20. This by-law shall be administered by the Council of the Town
of Newcastle and/or its delegated employees.
21. If any provision of this by-law is, for any reason, held to
be invalid, it is hereby declared to be the intention that all
remaining provisions shall remain in force and effect until re-
pealed, notwithstanding that one or more provisions shall have
been declared invalid.
22. Every person who uses any lot, or erects, alters or uses any
building or structure in a manner contrary to any requirement
of this by-law, or who causes or permits such use, alteration or
erection, or who violates any provision of this by-law or causes
or permits a violation, shall be guilty of an offense and on sum-
mary conviction therefor, is liable to a fine not exceeding one
thousand dollars ($1,000) , exclusive of costs for each such offense
and every such penalty shall be recoverable under the Municipal
Act and the Summary Convictions Act. Each day of violation shall
constitute an offense.
THIS BY-LAW READ a first time this day of , A.D. 1980.
THIS BY-LAW READ a second time this day of , A.D. 1980.
THIS BY-LAW READ a third time and finally passed this day of
A.D. 1980.
G. B. RICKARD, Mayor
(seal)
J. M. McILROY, Clerk