8 the tribune thursday april 8 17 uxbridge denture clinic 66 brock woxbiidge 852521 office hours mon fri 9 am pm sat 9 am 12 pm complete denture service d thapar denture therapist member of the denture society of ont advertise weekly ravelmts by eleanor todd riddle when is a gravel pit like an apple answer when a judge of the supreme court of ontario says so thats when- well maybe the judge didnt put it in quite those words but id like to try to explain what has been happening with respect to the gravel industry in uxbridge township in tbe last few years- and when ive finished perhaps youll agree that apples and gravel pits have something in common after all t way back in tbe dark ages when i first moved into the area gravel pits werent considered to be much of a problem in water treatment call collect 6405699 we guarantee shiny hair you use less soap and detergents smoother skin you get the most from your dishwasher crystal clear ice cubes no more spots on glasses no more costly 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fliptype numerals i lighted dial and clock face earphone jack radio hack meat aaoallaal radio stuck slonaand rt lf mulmum al aumwrixt d safes cantrai consult eurcatalogua directory lot ouwbadio shack slorat or authotbad salai cant v fcj r daaferalnyouraiaa grs aoiyisionotanoviiectnonicsiimrrco prices in effect until may8 1976 ysy- st v j i v v i fact if a neighbor was lucky enough to sell bis white elephant of a farm for gravel the rest of us were naturally a bit envious over the good price he got but generally we were pleased and hippy for trim in his good fortune and wondered if anyone else we knew would be so lucky- but we werent prepared for the fantastic expansion of the metropolitan toronto area and its hitherto undreamed of demands for sand and gravel or for our own urban- oriented population in crease and by the time uxbridge township residents realized that aggregate extraction was creating more problems tluui the few job op portunities it produced the collective gravel producer foot was firmly wedged in uxbridge townships door gravel producers today own approximately 5000 acres which is close to one tenth of the former uxbrljge township and last year were licensed to extract up to 10780000 tons of aggregate municipal controls through tbe planning act the- provincial government has em powered local municipalities to create planning policies by means of official plans- and to implement- these policies with zoning designations established in accompanying land use or restricted area by- laws so previous councils uxbridge township at tempted to control the expansion of tbe gravel industry and to minimize the problems it was creating through zoning restricted area bylaw 1517 was prepared in 1968 and an amending bylaw 1613 was prepared in 1972 there have been sub sequent amendments as well bylaw 1613 was an attempt to catch up with the everexpanding gravel industry m3 areas quarry industrial zone were enlarged and surrounding areas were zoned hm3 holding zones the york county board of education tender no 302 grass cutting for the 1976 season sealed tenders will be received at the reception desk the york county board of education administrative offices 60 wellington street w aurora until 4 pm local time tuesday april 20 1976 tender forms and specifications are available from the purchasing dept mr n vollebregt 8890660 8848131 7273241 8875931 or 4782050 the following properties are being ten dered for grasscutting kinghorn p s nobleton ps sen nobleton p s jun schbmbergps kettleby ps lake wilcox ps oak ridges ballantrae ps vivian ps dickson hill ps whitchurch hinds i sumilvrew ps orchard pk ps stouffville field r t low bid or anyvtender not necessarily accepted i holland landing ps graham side rd ps park ave ps mountalbert ps sharon p s armitage ps queensville ps keswick ps jersey ps deer park ps willow beach ps elm grove ps sutton ps morning glory ps d allen v chairman slg chapman director of education for gravel extraction agricultural areas known to be owned by gravel interests were zoned a3 to let prospective neighbors know that a gravel pit was a possibility of the future also through the municipal act the provincial government has empowered local municipalities to regulate the carrying on and operations of pits and quarries including setback requirements safety regulations and rehabilitative pro cedures so in 1971 uxbridge township council prepared and passed regulatory by- law 1590 and laid charges in 1972 against three of the gravel companies for con travention of various sections of both tbe restricted area bylaw and the regulatory by- law application for an injunction was prepared against timber brothers sand and gravel ltd and the other summary conviction charges were adjourned pending the results of the timber brothers case resistance needless to say the gravel pit operators did not care to be hemmed in by such legislation and they fought back in two ways they defended the timber brothers sand and gravel co all the way to the supreme court of canada it took from 1972 to 1975 and while our bylaws were in con tention they were ren dered quite ineffectual with respect to the gravel problem the gravel operators also lodged objections to the restricted area by laws with the ontario municipal board at the omb hearing held in goodwood on dec 10 1973 uxbridge township was given only tem porary approval of the restricted area bylaws and was instructed to go back x redraw the various land use zones particularly with respect to gravel and to x eliminate the a3 zoning category since then council has found it necessary to request several ex tensions to that- tem porary approval because with the creation of durham region and the amalgamation of ux bridge township with two other municipalities scott township and the town of uxbridge in 1974 so many other problems were created that full attention could not be given to the land use map the latest extension expires june 30 this year and we must have a new zoning map prepared pits and quarries act meanwhile as if the poor beleaguered township wasnt already crippled under tbe weight of sufficient problems in august of 1973 we came under tbe protection of tbe provincial- pits and quarries control act this should have been an advantage at a time when cerned and we can region of durham afford one fulltime by- dissolved all local law endorcement officer and one parttime assistant to do it but the judge also said that the digging and removal of gravel is not a use of land and while the our own efforts at con- township has thepower to trolling pits and quarries prohibit the creation of were in contention in a court of law but under the act the pit operators were given licences- to mine to the limits of their properties even- in the face of comments sub mitted by this township to tbe effect that only one of the 38 or 40 applications for licences if my memory serves me correctly completely conformed to our local zoning restrictions some have thought that uxbridge township should have requested a formal hearing before the ontario municipal board under section 5 of tbe pits and quarries control act but this section applies to new pits and quarries and ours with one possible exception were preexisting and in order to object- to that one possible exception a township must have zoning bylaws in good standing ours of course were under contention in a court of law with the timber brothers case in any event some of the licences issued under the pits and quarries control act had the following appendix at tached the location of the pit as described in this licence is excepted and exempted under authority of subsection 7a of section 35 of the planning act rso 1970 chapter 9 from any applicable restricted area bylaw of the township of uxbridge the apple again now if you are still trying to muddle through all this with me you arc probably saving whats the use or else you are saying they cant do that there must be some way to fight this through and what has all this got to do with an apple anyway she said shed explain why a gravel pit is like an apple- actually the apple comparison- is not as frivolous as it seems it explains why the gravel pit operators are legally mining to the- limits of their properties and why uxbridge township has no recourse now in law except to go ahead and zone the licenced properties either m3 or at best hm3 and it stems from the judgement given in the court of appeal in the supreme court of ontario with respect to the township of uxbridge vs timber brothers you may have read that uxbridge township won the case well we did in so far as our right to enforce our regulatory bylaw 1590 is con- new pits and quarries its restricted area bylaw cannot prohibit or regulate the operation of an existing quarry because it is not a land use you see it is like an apple you can take tbe apple and stick gumdrops in it for eyes a marsh- mallow for a nose and arrange a row of raisins for teeth and you are using the apple but as soon as you bite into it you are consuming it in the same way you can take a gravel pit build a caretakers house or an equipment storage slied in it and you are using the land but take one bite out of it with a bulldozer and it amounts to land consumption not land use and is therefore byond the scope of any land use or restricted area bylaw the supreme court judge said it and we must abide by it actually the apple was our solicitors idea official plans so where does that leave us now our solicitor advises that we can prohibit any new extractive activites with an amendment to our official plan but as you are no doubt aware bill 162 which created the planning areas and designated planning as a regional x responsibility uxbridge township isi presently a temporary planning area v only because of a resolution passed by regional coun- chto provide for planning until such time as the regional official plan is completed we can take steps to amend our local official plan but even more important is the manner in which gravel extraction is treated in the rogionali plan regional planners have held many public meetings over the last several months to receive input into proposed policies for durham region their latest presentation discussion paper no 4 is the final document leading up to the proposed official plan itself and they havev been receiving briefs and delegations with requests for changes throughout the t month of march several people including myself have requested changes with respect to the treatment of the oak ridges moraine and the prime mineral ex- tractive area designations in the discussion paper most of the former township of uxbridge is within the oak ridges moraine with the exception of a rather large blob north and east of goodwood ap- proximately 7000 acres see public pg 9 dixie lees noon hour special mon through wed all during april thrift dinner only 1 45 from 11 am to 2 pm dixie lee ph 6401 944 91mainstve stouffville pictured above is terry kelsey franchise director frorrf dixie lee head office presenting quarterly award to lennie chang propripfpr of dixie lee stouffville store congratulations djxie lees head office congratulates stouffyilles dixie lee for winning the ali ontario franchise directors r award stouffville ranks 1st ahead of 26 ether dixie lee stores in ontario for quality cleanliness s6rvic6 7 1 feup the good work maybe we can help ypm out of a jam life has a way of presenting us with sticky problems from time to time and classlfledlusawiyofhelplngsolvesomeoflhestlckjestproblemsofallli v if youre looking lor help for cash buyer for yo jr product or service the tribune classified is waiting to help you when youre in a am whlph can best be solved by communicating with others dial i02hx or 4402101 well help you word and place a lowcost ad which will get you in touch with the right people reach 8000 homes in whitchurchstouffville and surrounding cbrnmunrties v classified f 64t2l6b 2101 v toronto- 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