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HomeMy WebLinkAboutPSD-037-07 Cl~n REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 26, 2007 GPrJ -' J- 5 L( - 0"7 By-law #: Report #: PSD-037-07 File #: PLN 29.5.5 Subject: THE WINDS OF CHANGE ARE CHANGING OUR LANDSCAPE: RESOLUTION OF THE MUNICIPALITY OF ARRAN-ELDERSUE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT PSD-037-07 be received for information. Submitted by: D vid rome, M.C.I.P., R.P.P. Director, Planning Services Reviewed bY:O ~~ Franklin Wu Chief Administrative Officer FUDJC/df 19 March 2007 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-037-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 At the February 12, 2007 Council meeting, Council considered and referred the Resolution from the Municipality of Arran-Elderslie (Attachment 1) for consideration. The purpose of this report is to advise on how to proceed with the above noted resolution. 2.0 STAFF COMMENTS 2.1 The Resolution has been circulated to all Municipalities in Southern Ontario and unlike many other such resolutions it does not seek endorsement. Often when a Municipality is trying to demonstrate to the Province that the matter set out in the resolution requires some form of action, endorsement is requested. 2.2 The resolution stems from several wind energy projects under consideration, in particular along the Lake Huron shoreline in Bruce and Grey Counties. In particular, there is concern that Bill 51 provides for the exemption from local planning approvals of “energy” projects that would be approved through the Environmental Assessment Act. 2.3 The resolution proposes two approaches for dealing with wind energy projects. The first approach is that the Province take a greater role in assuring the public that there are benefits from releasing energy projects from local planning approvals. It calls for: ? An overall Environmental Assessment (EA) that addresses all issues involved with wind turbines ? A study of impacts on local assessments and land values ? Guidelines or regulations for wind farm developments ? A demonstration of good faith by allowing wind turbines in Provincial Parks ? Compensation to municipalities that have invested time in reviewing applications ? Compensation to municipalities and tourist operators for loss of revenue ? Provision for restoration of lands after removal of turbines ? Consultation with municipalities The second approach is to let municipalities take the lead in determining policies for their areas for the erection of wind turbines and other alternative energy systems under the authority of the Planning Act. 2.4 At the present time, energy projects of Hydro One Inc. or Ontario Power Generation Inc. are not subject to Planning Act approvals. Bill 51 provides for additional energy-related projects to be exempted but this section does not take effect until the Minister issues a regulation prescribing the type or class of undertaking that would be considered. At this time, those projects remain under the Planning Act. Ministry staff indicated that such a regulation is not currently being contemplated. This is enabling legislation that could be used at some point in the future. REPORT NO.: PSD-037-07 PAGE 3 2.5 One difficulty with undertaking a province-wide environmental assessment for wind turbines is that the EA could not take into account local conditions which are really the most important aspect of addressing siting and impact issues. Potential impacts would have to be assessed against and mitigation provided for micro-climatic affects, tourism impacts, migratory patterns, land values, land uses, etc. 2.6 The Environmental Assessment is an alternative planning process for projects that are generally robust and could address municipal issues as readily as consideration under the Planning Act. It should be noted that the 2005 Provincial Policy Statement already addresses alternative energy issues as follows: 1.8.2 Increased energy supply should be promoted by providing opportunities for energy generation facilities to accommodate current and projected needs and the use of renewable energy systems and alternative energy systems, where feasible. 1.8.3 Alternative energy systems and renewable energy systems shall be permitted in settlement areas, rural areas and prime agricultural areas in accordance with provincial and federal requirements. In rural areas and prime agricultural areas, these systems should be designed and constructed to minimize impacts on agricultural operations. Municipal planning decisions must comply to the Provincial Policy Statement. In this regard, a municipality does not have “free reign” to determine its own course when considering energy projects under the Planning Act. 3.0 CONCLUSION 3.1 Arran-Elderslie Council passed the resolution and forwarded it to all Municipalities in Southern Ontario as information, Staff are recommending that Council accept it as information. Attachment: Attachment 1 - Resolution Attachment 1 To Report PSD-037-07 THE CORPORATION OF THE MUNICIPALITY OF ARRAN-ELDERSLI,til3 1925 Bruce Road 10, Box 70, Chesley, ON NOG 1LO '11,1 51""~39 F'" 519-363-2203 ''''d~JI To all Municipalities in Southern Ontario January 25, 2007 ~O' G Arran-Elderslie Council passed the following resolution on Monday, January 22,2007, and directed that it be forwarded to you for your information. ..'" THE WINDS OF CHANGE ARE CHANGING OUR LANDSCAPE WHEREAS the Province of Ontario has a mandate to ensure the people of Ontario have sufficient, reliable electricity to meet their needs in a reasonable and responsible manner; /") / t""\ (", .: l.......... '---/ ,I, . AND WHEREAS new sources of electricity must be developed as current, individual electricity users cannot conserve enough electricity to meet the increased power demands of new commercial, industrial and residential development; AND WHEREAS the Province of Ontario, in its Provincial Policy Statement 2005 (in an effort to increase the supply of electricity), has mandated that the use of renewable energy systems and alternative energy systems, where feasible, and that alternative energy systems and renewable energy systems shall be permitted in settlement areas, rural areas and prime agricultural areas in accordance with provincial and federal requirements with impacts on agricultural operations in rural areas and prime agricultural areas to be minimized by appropriate design and construction methods; AND WHEREAS 'provincial and federal requirements' are virtually non-existent with respect to the long- term effects of wind turbine farms and the subsequent restoration of the sites; AND WHEREAS section 24 of Bill 51 has amended the Planning Act, effective January 1,2007, by the addition of section 62.0.1which provides that: "(1) An undertaking or class of undertakings within the meaning of the Environmental Assessment Act that relates to enemy is not subiect to this Act or to.. .the City of Toronto Act, 2006" if it has been approved, ordered or declared under the Environmental Assessment Act; thereby eliminating all requirements for wind energy systems (turbines), once approved, ordered or declared, to conform to local municipal zoning by-laws and official plans; AND WHEREAS the Province of Ontario is undertaking to clear all barriers, including local controls and decision-making processes, to ensure the addition of wind energy generation in the Province with no environmental assessment confirming that said generation is safe and effective in the long term; AND WHEREAS the areas of dependable wind sources exist in less populated areas along shorelines which have fewer wind disruptions caused by vertical urban development; AND WHEREAS the Counties of Bruce and Grey are a major component of the Province's 'Ontario- Yours to Discover tourism promotion campaign with the Bruce Peninsula being a featured destination; AND WHEREAS a search on the 'Ontario-Yours to Discover'website for 'wind turbines' resulted in the message: "Sorry, no matching search items were found" thereby confirming that wind turbines are not, in fact, a tourist attraction; AND WHEREAS many seasonal and year-round commercial enterprises and residents depend on our local 'tourism' trade for their livelihood; AND WHEREAS municipalities have, and continue to be approached by wind energy developers with signed land leases for the purpose of erecting wind turbines with the land owners having little, if any, information on the long-term effects, good or bad, of such turbines; AND WHEREAS in 1994, Madam Justice McLachlin, of the Supreme Court of Canada made a strong case for supporting the legitimate role of municipal bodies in making decisions in the best interests of " their communities, now known as the "McLachlin rule", when she stated, "If municipalities are to be able to respond to the needs and wishes of their citizens, they must be given broad jurisdiction to make local decisions reflecting local values."; AND WHEREAS in a 2005 ruling, the Supreme Court of Canada further stated that "It is well established that the Court adopts a "broad and purposive" approach to the construction of the powers of a municipality"; AND WHEREAS George H. Rust-DrEyer partner in the firm of Weir Foulds, Barristers & Solicitors, in the firm's Fall 2006 Municipal Law - Government Update, stated, "Local governments should be encouraged to "flex their municipal muscle" to achieve the results needed to serve the people who elected them and carry out their broad mandate that is now prescribed by legislation in most provinces. In assessing response to the challenges faced by municipalities, it is essential to factor in the legislation and the courts of today in creating solutions. Municipalities may have more latitude than they think in taking innovative approaches to problem-solving."; NOW THEREFORE we respectfully petition the Province of Ontario as follows: 1. To conduct an environmental assessment on all the issues involved with wind turbines in order to assure the public that the energy systems being freed from local planning processes are indeed good, safe, viable alternative sources of energy; 2. To conduct a study of the impact of wind turbines on local assessments and land values; 3. In the absence of local input into the siting and construction of wind farms, to develop guidelines and/or regulations for the standardization of wind farm developments in consultation with the people of Bruce and Grey Counties, in particular, and the Province of Ontario, in general; 4. To demonstrate that removing energy systems from the Planning Act is being done in good faith by permitting the construction of wind turbines in Provincial Parks in the Bruce Peninsula and in any other areas of the Province with sufficient winds; 5. To compensate those municipalities which have invested considerable time and money in processing wind turbine zoning applications, consulting the public, developing policies, hiring consultants, etc. which would become redundant; 6. To compensate those municipalities and tourist operators for loss of revenue, over time; 7. To ensure the restoration of lands whereon wind energy systems have been erected and ensure the removal of all concrete bases embedded with steel; 8. To consult with and keep municipalities apprised of the Province's intentions with respect to dramatic changes in local planning issues in advance of their being legislated and municipalities having wasted their time and money on addressing local issues which are ultimately removed from their spheres of jurisdiction; 9. In the absence of acting on the previous requests, to acknowledge and respect the jurisdiction and competence of local municipalities to make local decisions reflecting local values by leaving energy systems under the authority of the Planning Act.