SECTION 7: LAND USE POLICIES - MINERAL AGGREGATE

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1 SECTION 7: LAND USE POLICIES - MINERAL AGGREGATE The North Grenville area contains extensive sand and gravel deposits which provide a valuable source of road and building construction material. In recognition of the value of these aggregate resources, the Plan provides for the continuation and expansion of existing pits and quarries and the introduction of new pits and quarries. The potential impacts of pits and quarries on other land uses are also taken into account. In addition to the policies of the Plan, existing pits and quarries in North Grenville are also subject to the provisions of the Aggregate Resources Act. The Mineral Aggregate designation includes sand, gravel and limestone resources. These resources have been identified in studies by the Ministry of Natural Resources. In accordance with the Provincial Policy Statement, it is the intention of the Municipality to protect, wherever possible, the mineral aggregate resources designated in this Plan for aggregate extraction and to ensure that the resources are utilized in accordance with proper controls. 7.1 Permitted Uses On Schedule 'A', the areas designated as Mineral Aggregate include both existing licensed operations as well as reserve areas. In the areas identified as Mineral Aggregate, pit or quarry operations, together with accessory uses such as crushing facilities, stockpiles, offices and storage and screening operations shall be permitted. Asphalt plants, ready-mix concrete plants and aggregate transfer stations may be permitted within the land designated as Mineral Aggregate, subject to the provisions of the Zoning By-law. Within the reserve areas, interim land uses such as agriculture, forestry and outdoor recreation uses may be permitted provided that these do not include buildings or activities which would preclude the establishment of a pit or quarry. 7.2 Policies a) For the areas designated as Mineral Aggregate, the area to be zoned and licensed must be located within the boundaries of the designation shown on Schedule 'A'. Any proposal to expand beyond the limits of the designation will require an amendment to the Official Plan. b) The concept of an influence area is recognized as a means of protecting against incompatible land uses in the vicinity of Mineral Aggregate areas and to protect existing pits and quarries from encroachment from other incompatible land uses. In accordance with this concept, it will be the policy of the Municipality to discourage incompatible land uses in areas surrounding Mineral Aggregate areas by careful review of any severance application, rezoning application or other development proposal in consultation with the appropriate government agency. This area of 69

2 influence is generally 300 metres for a pit and 500 metres for a quarry. In these areas, development which would preclude or hinder the establishment of new operations or access to the resources will only be permitted if: i. resource use would not be feasible; or ii. the proposed land uses or development serves a greater long term public interest; and iii. issues of public health, public safety and environmental impact are addressed. c) Only existing licensed pit and quarry operations will be zoned in the Zoning By-law to permit such uses. d) Within the areas designated Mineral Aggregate in the Official Plan, the establishment of a new pit or quarry or the expansion of an existing operation onto lands not zoned for such use shall require an amendment to the Zoning By-law. e) The lands within the Mineral Aggregate designation which are not zoned for a pit or quarry will be placed in an appropriate zone category which will protect the lands from any incompatible development. f) The Municipality is designated under the Aggregate Resources Act. All pit and quarry operations must be licensed by the Ministry of Natural Resources and must meet the requirements of that Act. Through the licensing procedure, the Municipality may request that appropriate conditions be placed on the licence. g) All pits and quarries must satisfy the requirements of the Ministry of the Environment with respect to pumping and dewatering, water supply, wastewater, solid and liquid waste disposal, dust, and all emissions to the atmosphere, including noise and vibrations. h) The removal of a Mineral Aggregate designation from Schedule 'A' shall require an amendment to this Plan. Such an amendment will provide justification for the change in designation and clearly demonstrate and document the need for the alternate land use. In considering such amendments, the Municipality shall take into account the following: i. evidence provided by the applicant that aggregate extraction is not feasible due to quality, quantity or other development constraints; ii. the reason for the choice of the location and consideration given to alternate locations on non-aggregate lands; iii. the consideration given to the option of sequential land use in which the mineral aggregate is removed prior to development of land for the proposed use. i) The establishment of any new Mineral Aggregate designations will require an amendment to the Official Plan. In proposing any such 70

3 amendment, the applicant must provide sufficient information for the Municipality and any appropriate government agency to properly evaluate the proposal. Information the applicant must provide may include, but not necessarily be limited to, the following: i. the type and location of any neighbouring land uses; ii. location of access routes, including consideration of upgrading of existing roads; iii. pit or quarry site plan; iv. reports from qualified professionals regarding noise, blasting, hydrogeology, drainage, environmental impact, archaeological assessment and any other relevant matters. j) In prime agricultural areas, the extraction of mineral aggregates on prime agricultural lands may be permitted as an interim use provided that rehabilitation of the site will be carried out whereby substantially the same area and the same soil quality for agriculture are restored. On these prime agricultural lands, complete agricultural rehabilitation may not be required only if it is demonstrated that: i. there is a substantial quantity of mineral aggregate below the water table warranting extraction; or ii. the depth of planned extraction in a quarry makes restoration of pre-extraction agricultural capability unfeasible; and iii. other alternatives have been considered by the applicant and found unsuitable; and iv. agricultural rehabilitation in remaining areas will be maximized. k) Licensed pits and quarries and mineral aggregate reserve areas have been designated on Schedule A based on information provided by the Ministry of Natural Resources (for licensed areas) and the Ontario Geological Survey (for areas of known deposits). l) The identification of the Mineral Aggregate Resource Policy Area on Schedule A is based on areas which are currently licensed or areas with known high quality aggregate deposits. m) Bedrock resources are identified as Bedrock Resource on Schedule A1- Natural Heritage & Constrains as a constraint overlay. It is the intent of this Official Plan that mineral aggregate bedrock resources be protected by directing permanent development away from these areas. In areas identified as Bedrock Resource, and on lands within 500 metres (influence area) of the lands identified as Bedrock Resource, development and activities which would preclude or hinder the establishment of new extractive operations or access to the resources shall only be permitted if it is demonstrated that: i. The resource use would not be feasible; or ii. The proposed land use or development serves a greater long-term 71

4 iii. public interest; and, Issues of public health, public safety and environmental impact are addressed. The establishment of a mineral aggregate operation within the lands identified as Bedrock Resource shall require an amendment to the Official Plan. The Municipality shall continue to work with Provincial levels of government (such as the Ministry of Northern Development and Mines, Ministry of Natural Resources, Ministry of Environment and Ministry of Municipal Affairs and Housing) to further implement the mineral aggregate resources mapping and develop land use designations and policies within this Official Plan. n) It is recognized that some areas which are designated Mineral Aggregate overlap with areas which are designated as Provincially Significant Wetlands. In those areas, the lands which are licensed under the Aggregate Resources Act, are recognized on the Schedules for mineral extraction to the extent that the extraction licence permits on the lands. Lands which are within the licensed property, but which are Provincially Significant Wetlands, and which are outside of the mineral aggregate extraction area as shown on the licence site plan, have been designated Natural Heritage in this Plan. o) Natural Heritage lands (i.e. Provincially Significant Wetlands) which are designated Mineral Aggregate by virtue of being licensed under the Aggregate Resources Act, must be rehabilitated to a status deemed satisfactory by the Ministry of Natural Resources upon surrender of the licence. p) The Algonquins of Ontario will be consulted prior to the Municipality adopting any site specific Official Plan amendment, where a Stage 2 Archaeological Assessment has shown the potential for aboriginal artifacts to be encountered. 7.3 Special Site Specific Policies for Mineral Aggregate Development Part Lot 6, Concession VI (former South Gower) Maple Grove Quarry For those lands designated Mineral Aggregate in Part Lot 6, Concession VI, in the former Municipality of South Gower, (Tackaberry - Maple Grove), a quarry shall be a permitted use but asphalt and concrete production shall not be permitted accessory uses on the site, notwithstanding the general policies of Section 7.2. Further, the implementing Zoning By-law may identify, amongst other things, the permitted and excluded uses and appropriate separation distances between the Licensed Quarry and residential use Part of Lots 14 and 15, Concession 9 (geographic Township of Oxford-on- 72

5 Rideau) O Reilly Pit II For those lands designated Mineral Aggregate in Part of Lots 14 and 15, Concession 9, in the former Township of Oxford-on-Rideau, (O Reilly Tackaberry) a pit shall be a permitted use, but asphalt and concrete production shall not be permitted accessory uses on the site, notwithstanding the general policies of Section 7.1. Furthermore, the implementing Zoning By-law may identify, among other things, the permitted and excluded uses. 73