Understanding the Oak Bay Developments in Port Severn 

 

The Oak Bay community consists of several phases and has an approved plan for subdivision. During construction, granite rock has been removed to facilitate multiple phases, leaving a substantial deposit of granite at the site of the Summerside Phase. This phase requires crushed granite fill before development can proceed.

In 2022, OBD Developments Inc. submitted an application to the Township for a temporary zoning amendment to allow granite crushing on-site for a period of two-years. The Township Council serves as the authority for zoning amendments, with all applications evaluated by the Planning Council. Over the past two-years, the Township has been conducting a thorough review of the potential impacts associated with this application. 

Council ultimately denied the application, citing concerns about health and environmental impacts. However, the Ontario Land Tribunal (OLT) later reviewed OBD Developments Inc.'s request and granted approval, thereby enacting the by-law to permit temporary zoning for rock crushing.

 

By-law 2024-094 (Temporary Use – Rock Crushing)

 

At this time, rock crushing is permitted from now until July 19, 2026. OBD Developments Inc. has begun rock crushing at the Summerside Phase. Schedules A and B attached to the By-law include the rights and parameters for the rock crushing.

For further information on enforcement, application timelines, and supporting documents please see the menus below. 

 Enforcement

The Temporary Use - Rock Crushing By-law provides limits on concerns such as noise and dust that are associated with rock crushing activities. OBD Developments Inc. will be permitted to crush rock for the period of two-years from July 19, 2024 to July 19, 2026 during this time the rock crushing will be subject to the Best Management Practices Plan.  

 

The operation will be permitted between Monday to Friday 7:00 am to 5:00 pm.  Please see below for more information. If you have further enforcement concerns, contact the Site Supervisor or the By-law Department.

 

Site Supervisor - Oak Bay

Lucas Shelton, Tatham Engineering

Phone: 705-645-7756 extension 2079

Email: lshelton@tathameng.com

 

By-law Enforcement - Township of Georgian Bay

Phone: 705-538-2337 extension 251

Email: by-law@gbtownship.ca 

 

The Township's By-law Enforcement staff are working closely with OBD Developments Inc. and the Site Supervisor to ensure compliance, and will be monitoring the site and quarterly reports to ensure provisions of By-law 2024-094 are met. 

 

In the event the public is to be notified, the Township  of Georgian Bay will send a message through Georgian Bay Alert (VoyentAlert). To learn more about Georgian Bay Alert or to register, visit:

 

Georgian Bay Alert 

 

 Rock Crushing Location

This image illustrates the boundaries permitted for rock crushing with the Summerside Phase. If rock crushing begins outside these limits, please contact By-law Enforcement. 

 
 Noise Concerns

The crusher is permitted to be operated between the hours of 7:00 am to 5:00 pm, if operations occur outside of this time frame, please contact the Site Supervisor and By-law Enforcement. By-law Enforcement staff are working closely with the Ministry of Environment Conservation & Parks (MECP) to assist with monitoring the noise levels from the machinery.
Air Quality Concerns

Dust Controls

 

Per the Temporary Use - Rock Crushing By-law, OBD Developments Inc. shall implement the following measures to control fugitive dust:

 

  1. The crusher shall be equipped with a water spray system.
  2. The water spray system shall be operated at all times while the crusher is in operation, except when precipitation is sufficient to offset the operations of the water spray system.
  3. The crusher shall not be operated when water is unavailable.
  4. The crusher shall not be operated when temperatures are below 4 degrees Celsius to ensure water spray does not freeze.
  5. Crusher shall not exceed 1000 tonnes per day.
  6. Crushing activities shall be avoided when wind is blowing towards the homes.
  7. The site manager and onsite personnel shall report any observations of fugitive dust blowing towards the residents adjacent to the site.

 

Air Quality Monitoring

 

Air quality monitoring program will be in place prior to and for the duration of operations at the site, which must include the following parameters: 

 

  1. The program will consist of two e-samplers equipped with gravimetric filters.
  2. The equipment shall collect continuous data on airborne PM10 concentrations as a surrogate for other particle fractions and potential levels of crystalline silica.
  3. Calibration and maintenance as per manufacturers instructions.
  4. Locations will be determined through consultation.
  5. The e-samplers will be connected to RWDIs data acquisition system.
  6. This system shall be configured to send alerts and reports to relevant users and stakeholders. Alerts will be sent if:
    • If measured concentrations of PM10 exceed 50% of the Ontario Ambient Air Quality Criteria, on a 24 hour rolling average, while operations are underway at the site, a notification shall be sent to the site manager to increase dust control measures.
    • If measured concentration of PM10 exceed 100% of the Ontario Ambient Air Quality Criteria, on a 24 rolling average, while operations are underway at the site, operations shall cease immediately.
    • If operations are not underway at the time, this shall be recorded and an attempt shall be made to identify the source or the particulate (example: smoke, other construction activities in the area).
  7. Summary memo reports shall be produced and filed monthly.

 

If you have concerns that OBD Developments Inc. is not abiding by the above noted sections please contact the Site Supervisor and By-law Enforcement.

 

If you have experienced an adverse effect due to air quality or dust please contact MECP. 

 

Ministry of Environment, Conservation and Parks (MECP)   

Phone: 1-866-MOE-TIPS (663-8477)

Online Submission: Report Pollution Online 

 

 

 Application Timeline
 
 October 15, 2024 - Temporary Zoning By-law Enacted

The OLT issued an Order dated October 7, 2024 that upholds their decision and enacts the By-law, therefore the Township was required by law to uphold the By-law. 

 

OLT Notice 

By-law 2024-094 (Temporary Use - Rock Crushing) 
 October 8, 2024 - Planning Council

The Temporary Use - Rock Crushing By-law was listed on the Planning Council Agenda [Item 10(a)]. Council defeated the By-law. 

 

Resolution P-2024-092
 October 7, 2024 - Council
The Temporary Zoning By-law Amendment Application Z22-12 (OBD Developments Inc.) was listed on the Council Agenda [Item 13(d)] and was addressed during Closed Session. 
 September 11, 2024 - Media Release 

"While we respect the court's decision, both Council and staff share the concerns of our residents. We will proceed with caution and remain vigilant in monitoring the impact of this development on our community." - Mayor Koetsier

 

Media Release  
 September 10, 2024 - Planning Council

Council considered the information received in the staff report. 

 

Development Services Department Report 2024-185

Resolution P-2024-074
September 9, 2024 - Council 
The Temporary Zoning By-law Amendment Application Z22-12 (OBD Developments Inc.) was listed on the Council Agenda [Item 13(c)] and was addressed during Closed Session. 
 August 26, 2024 - Superior Court of Justice - Ontario Divisional Court Decision

The Superior Court of Justice - Ontario Divisional Court denied request to appeal OLT Decision of April 15, 2024. The OLT decision is upheld. 

 

Link - Superior Court of Justice - Ontario Divisional Court Decision 
 August 15, 2024 - Leave to Appeal Heard
Leave to appeal the Ontario Land Tribunal Decision is reviewed by the Superior Court of Justice - Ontario Divisional Court. Request and supporting evidence for appeal submitted in writing and reviewed by a panel of judges. 
July 19, 2024 - OLT Amended Order Issued

The amended Order included the 'Schedule B' of the temporary zoning by-law, which was omitted from the previous Order. 

 

Link - July 19 Order
 July 8, 2024 - Motion for Leave to Appeal

The Township of Georgian Bay has made a motion for leave to appeal to the Ontario Divisional Court under Section 24(1) of the Ontario Land Tribunal Act and Rule 61.03 of the Rules of Civil Procedure.
 May 28, 2024 - Township Meeting

The Township hosted a virtual meeting to provide a status update to the residents and community. 

 

Meeting Recording
 April 24, 2024 - Media Release

Township of Georgian Bay confirms position regarding appeal to OLT Decision OLT-23-00741.

 

Township of Georgian Bay Media Release
 April 22, 2024 - Special Council Meeting

The Temporary Zoning By-law Amendment Application Z22-12 (OBD Developments Inc.) was listed on the Council Agenda [Item 5(b)] and was addressed during Closed Session. 
 April 15, 2024 - OLT Decision 

The OLT issued a Decision in favour of the applicant for OLT-23-000741, to permit rock crushing at the site known as Summerside. 

 

OLT Decision
 February 23, 2024 - Closing Submissions

OBD Developments Inc. and Township of Georgian Bay each submitted their final arguments in writing to the Ontario Land Tribunal. 

 

OBD Developments Inc. Final Argument

Township of Georgian Bay Closing Submissions
January 31, 2024 - Special Council 
The Temporary Zoning By-law Amendment Application Z22-12 (OBD Developments Inc.) was listed on the Council Agenda [Item 6(b)] and was addressed during Closed Session. 
October 23, 2023 - OLT Minutes

Ontario Land Tribunal (OLT) issued the Minutes of the Hearing held on October 10, 2023 for OLT-23-000741.

 

OLT Minutes
 October 10, 2023 - OLT Hearing
 Ontario Land Tribunal (OLT) hearing for OLT-23-000741. 
August 4, 2023 - OLT Acknowledgement of Appeal
The Ontario Land Tribunal (OLT) acknowledges receipt of appeal submitted by OBD Developments Inc. 

February 14, 2023 - Public Meeting 

The Zoning By-law Amendment Z22-12 (Oak Bay Developments Temporary Use By-law for Rock Crushing) Development Services Report 2023-12 was listed on the Planning Council Agenda [Item 6(c)] as the statutory public meeting.

 

Council deferred the decision until such time as a peer review could be conducted. 
July 5, 2022 - Special Planning Council

The Oak Bay Developments Temporary Use Application Development Services Department Report 2022-47 was listed on the Planning Council Agenda [Item 7(a)]. 

 

Council received two delegations from:

  • David White, Lawyer, Devry Smith Frank LLP, Oak Bay Developments, Temporary Use By-law Application [Item 5(a)].
  • Gerry Borean, Partner, Parente Borean LLP, Oak Bay Developments, Master Plan [Item 5(b)].

 

Council received the staff report and delegations for information.  
 May 3, 2022 - Application Received
The Application for Zoning By-law Amendment requesting the enactment of a two-year temporary use by-law to permit rock crushing between the hours of 7:00 AM to 6:00 PM at the Summerside Phase of the Oak Bay Development was dated May 3, 2022, and received by the Township of Georgian Bay later that month. 

 

 Supporting Documentation 

The Township's Document Center online contains various documents on the application and supporting reports for public information. 

 

Document Center - Oak Bay Development

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