Re-Applications for Zoning Amendment
Because the OMB did not have jurisdiction to hear the re-zoning applications filed in 2012 under a zoning bylaw which had since been repealed and replaced, JDCL decided to re-apply in December 2016 to the required levels of government requesting amendments to Guelph Eramosa Township’s zoning bylaw and Wellington County’s Official Plan which are required before they can proceed with the Hidden Quarry open pit mine. There are two zoning applications involved:
- An application to the municipal governing body, Guelph Eramosa Township, to have the site rezoned from Greenlands, Core Greenlands and Agriculture to Industrial/Extractive. The Township must respond to the application within 120 days.
- An application to the regional governing body, Wellington County, to have the Official Plan amended to permit the new zoning. The County must respond to the application within 180 days.
Appeal to the Ontario Municipal Board
Once the County response time is up, or if the County and Township do not approve re-zoning, the applicant can appeal the decision(s) to the OMB. The OMB will set the schedule for the Pre-Hearing Conferences and Hearing. Because the OMB has a significant case load, it is difficult to predict how quickly a Hearing would be convened.
NOTE: In 2012, JDCL also applied for a licence to mine aggregate to the Ministry of Natural Resources. That application is being held at the OMB pending the zoning decisions and potential appeal. The zoning and licence applications will be considered together by the OMB.