Aggregates 101 Grey County Planning Process for Pits and Quarries April 24, 2015 Scott Taylor, MCIP, RPP Senior Planner

Presentation Outline 2 Introduction A Background to Aggregate Planning Official Plans & Zoning By- laws Aggregate Planning in Grey County Public Involvement in the Planning Process Application Review

A Background to Aggregate Planning The primary piece of legislation governing extraction in Ontario is the Aggregate Resources Act (ARA). The activities of County and Municipal planning departments in Ontario, with respect to permitting extractive operations, are governed by the Planning Act. Beyond legislation, the Province also set policies in the form of the Provincial Policy Statement which all planning decisions must be consistent with. Municipalities then carry out planning through the use of official plans and zoning by-laws. Similar to agriculture, aggregate is a Provincial resource which is to be protected and utilized. 3

Official Plans and Zoning By- laws With respect to the siting of new pit or quarry operations, an official plan can require an amendment prior to permitting such a land use. Criteria can be included within the official plan on the information requirements needed to support an amendment application. While official plans can define the boundaries of a pit, official plans do not have direct control over operations directly related to the site i.e. extraction tonnage limits, hours of operations, depth of extraction, etc. Official plans can also protect resource deposits for future extraction, to prevent future land use compatibility issues. Official plans can also protect environmental features or growth areas. 4

Official Plans and Zoning By- laws A zoning by-law, or by-law amendment, implements the official plan, and as such could zone for extraction and accessory uses to extraction. Although zoning by-laws are enforceable law, which the Municipality is in charge of enforcing, the Ministry of Natural Resources and Forestry is in charge of enforcing pit & quarry operations licensed under the Aggregate Resources Act. Zoning by-laws permit a land use and do not govern the internal operations within a pit or quarry. Vertical zoning i.e. zoning based on a maximum extraction depth is not permitted. 5

Official Plans and Zoning By- laws Wayside pits and quarries, portable asphalt plants and portable concrete plants used on public authority contracts are permitted in all areas, without the need for an official plan or zoning by-law amendment, except in those areas of existing development or of particular environmental sensitivity. Permanent asphalt plants or concrete plants may require an official plan or zoning by-law amendment, and may, or may not, be sited in a pit or a quarry. Site plan control, under Section 41 of the Planning Act does not apply to pit and quarry operations, as the site plan is governed and enforced by the Ministry of Natural Resources and Forestry. 6

Aggregate Planning in Grey County The Grey County Official Plan was approved by the Ontario Municipal Board in The Plan included a Mineral Resource Extraction designation and a Primary Aggregate Area constraint. At the time the Plan was approved, County had concerns with the accuracy of aggregate resource mapping for the County, and committed to completing the Aggregate Resources Inventory Master Plan (ARIMP). The County completed the ARIMP in 2004 and incorporated the recommendations into the County Official Plan 5 Year Review in

Aggregate Planning in Grey County Based on the changes made to the County Official Plan through Official Plan Amendment # 80, the County requires an official plan amendment for; all new or expanding quarries within the County, and all new or expanding pits outside of the mapped Aggregate Resource Areas on Schedule B to the Plan. County Official Plan Amendments are NOT needed for new or expanding pit operations within Schedule B to the County Official Plan. Pits or quarries within the Niagara Escarpment Plan area must conform to the Niagara Escarpment Plan. 8

Aggregate Planning in Grey County Section 2.7 of the County Plan sets out the requirements for such amendments including the need for a; Noise study ( where required by the ARA standards), Hydrogeological study or ground water investigation (depending on whether the proposal is above or below the water table), Archaeological assessment, Planning report, Natural environment technical report (also referred to as an environmental impact study), Traffic impact or Road Assessment(s) (depending on the size of the pit and the condition of the proposed haul route)*, and Site plans. *Municipalities often require a development agreement to be entered into with the operator (e.g. for haul route upgrades). 9

Aggregate Planning in Grey County Other studies, based on site specific circumstances, may also be required including; Karst investigations (if in an area mapped as having karst with shallow overburden), or Landfill investigations (if in proximity to an existing or abandoned landfill site). New non-farm lot creation in the Aggregate Resource Area is prohibited, in order to prevent future land use compatibility issues. Within OPA 80 the County also included increased rehabilitation requirements for extractive operations. Within OPA 80 the County also mapped additional environmental features including significant woodlands and other identified wetlands. The County is also currently undertaking a Natural Environment Systems Study (Green in Grey). 10

Public Involvement  Planning Act applications such as Zoning By-law Amendments and Official Plan Amendments are all public files – so a member of the public can come to the County / Municipal offices and look through the files*. Information on all new County Official Plan Amendments is also available for viewing on the County website at: g-development/new-planning- applications/ 11  *Please note that some municipalities may require advanced notice, an appointment, or a formal request to view such files.

Public Involvement  Pre-submission consultation is encouraged on all new extractive operations, and proponents generally meet with County & Municipal staff to discuss the proposed pit or quarry operations. The benefit to early consultation is that staff can apprise the operator of exactly what the application requirements will be and provide feedback to shape the project. Pre-submission consultation discussions are confidential in nature and these files / discussions are not open to the public. These meetings are often joint meetings between County/Municipalities/and any other applicable agencies.  Sometimes following pre-submission consultation a proponent decides not to proceed with the application, or not to proceed in that location. 12

Public Involvement  Once applications for official plan amendment and zoning by-law amendment are received, and deemed complete, the public, including neighbours within 120 metres of the subject property are notified.  A public meeting is subsequently held where further information can be garnered and the public can speak in support or opposition to the proposed operation. Public feedback can often result in changes to the site plan, including notes on the operational plan or progressive rehabilitation plan.  It is important to note that the Aggregate Resources Act also requires public consultation on the license which often occurs concurrently to the official plan and zoning amendment processes.  The official plan, zoning, and licensing processes can all ultimately be appealed or referred to the Ontario Municipal Board. 13

Application Review As with other Planning Act development applications, the pit and quarry application process is a proponent driven process. This means that it is the proponent that is responsible for producing background reports and technical studies which ensure that the application is consistent with Provincial standards and conforms to County and Municipal policy. In some cases the completion of these studies can take years to prepare. These reports and studies are reviewed by the County, Municipality, Province, Agencies and the public. 14

Application Review Concurrent to the public application process, County, Municipal, and Agency staff are also completing their review of the planning applications. When an application is received by the County or Municipality it is sent out to a number of bodies including; Conservation Authorities, First Nations and Metis, Provincial Ministries, and Road Authorities, etc. In the same way that public comments can result in changes to the application so too can agency comments. In many cases County and Municipal staff rely on detailed agency comments, who have staff with expertise beyond that of their own, including; Environmental, Hydrogeological, Archaeological, and Traffic knowledge. 15

Application Review Sometimes when further detailed technical information is required the County or a Municipality may also request a peer review by an independent third party technical expert. At the County level this is done through either a Request for Proposals (RFP) or Request for Quotations (RFQ) process. Peer reviews, public, or agency comments can also result in addendum reports or responses from the applicant’s technical consultants to concerns that have been raised. 16

Application Review County staff still review and comment on municipal applications, even when there is no longer a County Official Plan Amendment required. The planning application culminates in staff recommendations being made, through staff reports, to their respective planning committees and councils. These reports are also public documents and are heard at open committee or council meetings, which the public is free to attend. Following a decision by Council, members of the public, agencies, or the proponent would have the opportunity to appeal the decision to the Ontario Municipal Board. 17

For further information please contact; Scott Taylor, Senior Planner County of Grey Planning Department th Avenue East Owen Sound, ON, N4K 3E3 Phone: extension 1238 Fax: