HomeMy WebLinkAboutPSD-023-11Clarington
Leading the Way
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 28, 2011 Resolution #: CPH -/b'O ~/By-law #: N/A
Report #: PSD-023-11 File #: PLN 29.10
Subject: SOLAR ENERGY PROJECTS IN URBAN VALLEYLANDS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
Part 1
THAT Report PSD-023-11 be received;
2. THAT FIT Fund Solar Corporation be advised that Clarington does not support their
current proposal for a Class 3 Solar Project in the Soper Creek valleylands and that
they be encouraged to meet with staff to consider alternate locations in Clarington for a
solar energy project or projects; and
3. THAT the Central Lake Ontario Conservation Authority, FIT Fund Solar Corporation and
all interested .parties listed in Report PSD-023-11 and any delegations be advised of
Council's decision.
Part 2
THAT the following resolution be adopted by a separate resolution:
"WHEREAS the Municipality of Clarington supports the responsible expansion of
renewable energy as a means of placing Ontario on a more sustainable path for the
future;
WHEREAS municipalities in the Greater Golden Horseshoe are subject to the Growth
Plan which encourages the efficient use of land and infrastructure and greater densities
of urban growth;
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-023-11
PAGE 2
WHEREAS unlike Class 1 and Class 2 solar installations, Class 3ground-mounted
solar installations greater than 12 kW may require a significant land area and would be
contrary to the policies of The Provincial Growth Plan for the efficient use of serviced
land and the mandated density of development;
WHEREAS urban valleylands are key ecological features that need protection from
development and should be the focus of restoration efforts to enhance the ecological
attributes and value to the community as outdoor amenity areas, particularly as
communities are intensified;
WHEREAS Regulation 359/09 as amended provides for consideration of a renewable
energy project within natural heritage features, including within a significant valleyland
or within 120 m of a significant valleyland if supported by mitigation measures in an
environmental impact study prepared by the proponent;
WHEREAS consideration of Class 3 solar facilities in urban valleylands will provide an
incentive for developers to retain valleyland areas and could limit their dedication to
municipalities as Open Space lands in the future;
NOW THEREFORE BE IT RESOLVED that the Minister of Energy, the Minister of
Natural Resources, the Renewable Energy Facilitation Office, FIT Fund Solar
Corporation, and CLOCA be advised that the Municipality of Clarington does not
support the consideration of Class 3 solar facilities in urban valleyland areas; and
THAT this resolution be forwarded to all other municipalities in the Greater Golden
Horseshoe";
Submitted by: ,?
David rome, MCIP, RPP
Director of Planning Services
Reviewed by:
Franklin Wu,
Chief Administrative Officer
LB/COS/sn/df
February 24, 2011
REPORT NO.: PSD-023-11
e~~~
1.0 INTRODUCTION
The purpose of this staff report is twofold; to provide information to Council
regarding the Provincial Renewable Energy Approvals process and to provide
further information regarding a potential solar panel installation at the northeast
corner of Baseline Road and Simpson Avenue in Bowmanville. These are in
response to the delegation by Mr. Sebben and information item I-7 from the
January 31, 2011 Council meeting.
2.0 RENEWABLE ENERGY APPROVALS
2.1 According to the Ministry of Energy's website (www.mei.gov.on.ca/en/energy/
renewable) Ontario's new approach to approving renewable energy projects
offers benefits to project applicants and local communities while continuing to
ensure rigorous protection of the natural environment, cultural heritage and
public health and safety. Renewable energy projects include solar, wind, biomass
and water projects. Many renewable energy projects in Ontario will require a
Renewable Energy Approval (REA) from the Ministry of the Environment (MOE).
This single approval has replaced the need for multiple Provincial Environmental
Assessments, Certificates of Approval, and Permits to Take Water while
introducing province-wide standards for setbacks and asix-month service
guarantee for the REA review.
It must be highlighted that renewable energy projects are no longer subject to
municipal land use planning instruments under the Planning Act (e.g. Official
Plans and Zoning By-laws). The Municipal role in renewable energy project
.approval has been reduced to consultative as a result of the Green Energy Act.
Solar energy projects are divided into three classifications:
• Class 1 Solar installations in any location less than 12 kW (micro-solar)
• Class 2 Solar installation mounted on the roof or wall of a building greater
than 12 kW
• Class 3 Ground-mounted solar installations greater than 12 kW
Class 1 and 2 solar projects may require a building permit. Only Class 3 projects
require a Renewable Energy Approval.
2.2 Key Steps in the Renewable Energy Approvals(REA) Process
2.2.1 Pre-submission Work
Before submitting an application for an REA to the Ministry of the Environment,
the applicant must prepare a number of reports, drawings and diagrams to
describe the facility and its location. The applicant must also assess and mitigate
impacts and potential environmental effects associated with the project during
REPORT NO.: PSD-023-11
P~C~F d
construction, design and operation and decommissioning. The applicant must
demonstrate how the project will meet setbacks depending on the class of project
as well as engage the public, municipalities and Aboriginal communities in
discussions about the project.
2.2.2 Optional Consultation on Pre-submission Work
Applicants are encouraged to contact the Ministry of the Environment or the
Ministry of Natural Resources to clarify the requirements for their project. In most
cases, a coordinated pre-submission meeting may be appropriate and is highly
recommended where a project requires multiple approvals. The Renewable
Energy Facilitation Office (REPO) can help the applicant set up this meeting.
Additionally, this is a good time in the process to consult with other approving
authorities, such as the federal government and conservation authorities.
2.2.3 Mandatory Consultation Requirements
Consultation with the general public, aboriginal groups and local municipality(s) is
a component of the REA process. Public Consultation includes contact with
landowners within 120 metres, a notice in the local newspaper and at least two
public meetings. All. of the studies and reports required as part of the REA
process must be made available for public review prior to the last public meeting.
Consultation with the Municipality is required for all renewable energy projects
requiring an REA except for small wind projects (however they may still require a
building permit). Consultation must begin at least 90 days prior to the date of the
final public consultation meeting. This must also take place before the applicant
submits an REA application. The MOE provides applicants with a form to
document municipal feedback on matters related to municipal services and local
infrastructure. The prescribed consultation form has multiple pages of questions
for the Municipality to respond to.
The questions seek information regarding:
1. Roads (access, Traffic Management Plans);
2. Service Connections (location of service connections other than roads);
3. Facility Other (landscape design, emergency procedures, easements); and
4. Project Construction (site rehabilitation, locations of buried and above ground
utilities, building code issues, natural and cultural heritage features).
A proponent must document what was learned through public consultation,
including how the project was changed in response to municipal and public input.
Through the REA process, a proponent consults with the Municipality, they do
not seek approval. The only exception is when a renewable energy project
requires the removal and use of aggregate materials. In this case, municipal
approvals are sought for the aggregate license, not the REA.
REPORT NO.: PSD-023-11 PAGE 5
In addition, although Planning Act approvals are not required as per the Green
Energy Act, proponents require permits from Conservation Authorities in
regulated areas to ensure that the development does not affect the control of
pollution, flooding, erosion and dynamic beaches. Legislative requirements
associated with the Federal Fisheries Act also remain applicable.
2.2.4 Complete Submission
The applicant provides all of the required information for provincial ministry
approvals. This includes an REA application form and supporting documents and
reports to the Ministry of the Environment and any documents required by the
Ministry of Natural Resources.
Under the REA Regulation, the different types of renewable energy generation
facilities are categorized by class. Each class of project has unique requirements
based on their nameplate capacity. The basic list of studies that need to be
submitted in support of a REA application are:
1. Project Description Report
2. Construction Plan Report
3. Consultation Report
4. Design and Operations Report
5. Decommissioning Plan Report
Additional documents will be required by the MOE depending on the project
location, equipment, or technology being used to generate electricity. Also
depending on the location of the project, archaeological, cultural heritage,
environmental and noise studies may be required. Drafts of these documents,
among others, must be made available to the public by the applicant at least 60
days prior to the date of their final public consultation meeting, which must occur
prior to submission of an application for an REA.
Mandatory consultation requirements must also be met for the application to be
considered complete (including public meetings, municipal consultation and
aboriginal groups.)
2.2.5 Public Notice to the Environmental Registrv
Once an application is made for an REA, a notice of a proposal is posted on the
Environmental Registry by the Ministry of the Environment so the public can
review and provide comments. The Municipality may provide comments at this
stage as well.
REPORT NO.: PSD-023-11
PAGE 6
2.2.6 Decision
After considering an application for the issue or renewal of an REA and all public
comments received through the Environmental Registry, the Ministry of the
Environment Director may do either of the following:
• Issue, renew or amend REA
• Refuse to issue, renew or amend REA.
A third party (other than the applicant or the issuing Authority) may seek a
hearing, usually to offer an objection, with respect to a renewable energy
approval by making a request to the Environmental Review Tribunal. The
request must be made within 15 days of the posting of the notice of the approval
on the Environmental Registry. The Tribunal must hold a meeting and make a
decision within six months.
3.0 POTENTIAL SOLAR INSTALLATION IN BOWMANVILLE
3.1 Property Description
The FIT Fund Solar Corp and Premier Solar have announced a proposal for a
200 kilowatt solar farm at the north east corner of Simpson Avenue and Baseline
Road in Bowmanville (Attachment 1).
Figure 1 -Subject Site
REPORT NO.: PSD-023-11
PAGE 7
The subject property is approximately one hectare (2.5 acres) in size. The land
uses to the north and west are residential, and to the east and south open space
and with some industrial.
The eastern limits of the property are tree covered and the Soper Creek enters
the property near the southeast corner of the property. The entire property is
completely within the flood plain of the Soper Creek.
The subject property is designated Major Open Space in the Durham Regional
Official Plan, Environmental Protection in the Clarington Official Plan, and is
zoned Environmental Protection `EP' in Zoning By-law 84-63.
Clarington's Open Space System is comprised of Environmental Protection
Areas, Natural Core Areas, Natural Linkage Areas, the Waterfront Greenway and
Green Space. Unless otherwise provided in specific detailed policies within the
Official Plan, development is discouraged within the Open Space System. More
specifically, within areas designated Environmental Protection, as is the subject
property; no development is permitted (the exception being low intensity
recreation, forest, fish and wildlife management and erosion control or
stormwater management).
The natural heritage features together with their functions collectively make up
the Natural Heritage System in Clarington. The mapped features include
significant valleylands, streams, woodlots and wetlands. The Clarington Official
Plan identifies a portion of the subject property to be located within the significant
valleyland of the Soper Creek.
Hazard lands are lands that exhibit one or more hazards such as poor drainage,
organic soils, flood susceptibility, erosion or steep slopes. Development on these
types of lands could cause loss of life, property damage or the degradation of the
natural environment. The subject site is identified as being Hazard Lands (due to
being within the flood plain of the Soper Creek).
3.2 The Project
According to Premier Solar, the proposed nameplate capacity of the solar project
at Simpson Avenue is 200 kW. Given the generation capacity it is considered to
be a Class 3 facility. Generally Class 3 solar facilities are ground mounted and
generate over 10 kilowatts of power.
For this project (using REFO/MOE websites) we identified the following possible
studies that Premier solar will need to undertake as part of the REA process.
They include:
• a Noise Study,
• an Environmental Impact Study; and
• a Flood Plain Analysis.
REPORT NO.: PSD-023-11 PAGE 8
3.2.1 Noise Studv
A noise study assesses the potential impacts at nearby noise receptors (e.g.
residence) due to sound emitted by the solar facility's electrical equipment (e.g.
inverters, transformers). The noise study is required to demonstrate that the
facility, as designed, does not exceed a 40 decibel noise level (approximately the
noise level experienced in a quiet office or library). The review engineer will
assess the information submitted by the applicant to determine acceptable
distance from the solar facility to the nearest residence or other receptor.
3.2.2 Environmental Impact Studv
The Province requires natural heritage features, parks and conservation reserves
to be protected by a setback for all elements of a renewable energy project. For
most natural heritage features the prescribed setback is 120 metres.
A renewable energy project must also meet a minimum setback distance of 120
metres from any nearby water body (including a permanent or intermittent
stream). In general, the parts of the project related to the transmission lines and
associated structures and to the roads, docks, water crossings, culverts, etc.
associated with the facility may be allowed within 30 metres of a water body or
within the water body itself. However, parts of the project related to the
generation equipment, storage facilities and transformer stations may not (see
Figure 2).
If the applicant wants to locate the project within a natural feature or within the
prescribed setbacks, they will have to undertake and submit an environmental
impact assessment study as part of the complete application. The REA
Regulation requires that an impact assessment conducted as part of an REA is
prepared in accordance with procedures established by MNR. The Impact
Assessment must assess the construction, installation, use, operation, changing
and retiring of the renewable energy facility. It must identify and assess any
negative environmental effects of the project on the natural heritage features or
water bodies and must identify mitigation measures in respect of those effects.
REPORT NO.: PSD-023-11
PAGE 9
3.2.3 Flood Plain Analysis
2 -Environmental Constraints
Renewable energy projects cannot generally be located in areas subject to
hazards from flooding, erosion and/or dynamic beach action, or on hazardous
sites. The subject property is entirely within the flood plain of the Soper Creek.
The subject proposal will require an approval from the Central Lake Ontario
Conservation Authority (CLOCA).
In January 2011, FIT Fund Solar submitted an application to CLOCA for approval
under Ontario Regulation 42/06, the Authority's Regulation of Development,
Interference with Wetlands and Alterations to Shorelines and Watercourses. At
the time of writing this report, CLOCA has not made a decision with respect to
granting a permit in support of this development. In conversation a representative
of FIT Fund Solar it was indicated that they have not entered into the REA
process yet. They are awaiting the outcome of the permit application to the
CLOCA.
4.0 STAFF COMMENTS
4.1 Although the Provincial Regulation 359/09 as amended states that a renewable
energy project is not permitted within floodplains, a natural heritage features or
within a prescribed area around natural heritage features, there is really only a
blanket prohibition on development within a provincially significant southern
wetland, a provincially significant coastal wetland or a provincial
park/conservation reserve. In regards to all other features, and the setback to the
above referenced wetland and parks, the Regulation provides for environmental
REPORT NO.: PSD-023-11
PAGE 10
impact studies to assess any negative impact and identify mitigating measures
that can be implemented to allow the project to proceed. This approach may be
reasonable in some circumstances, for example for a wind turbine which has a
highly constrained impact at the tower base. However, for a solar farm type
installation (a Class 3 project), the area is blanketed with solar arrays and
operating areas in between which must be maintained for ease of access by
trucks and personnel. The impact is to remove and/or preclude the naturalization
of the area. It would also increase hazard risk within the floodplain as the solar
arrays mounts can catch material and have adam-like effect.
4.2 Under municipal planning policy, there is a Land Use Plan that identifies the
appropriate areas for different land uses. Under the Province's Green Energy
Act, land use policy is irrelevant. Regardless of whether the municipality
designates significant valleyland areas for preclusion from development with an
Open Space designation, the Act and the regulations do not necessarily take into
account land use plans. Renewable energy projects should not be encouraged
to locate in lands set aside for open space purposes simply because this is the
most lucrative land use for these areas. While other forms of development are
precluded, renewable energy projects should not be permitted to do an "end-run"
around the Planning process to settle on the lands containing natural heritage
features.
If Class 3 solar installations are permitted in natural heritage areas and their
buffer areas, developers will be reluctant to dedicate such lands to the
Municipality. There are no provisions in the Planning Act to compel dedication of
open space lands - it simply is the best option for developers given the lack of
opportunity for alternative profit-making uses.
4.3 It should be noted that in the past, some valleyland areas were retained by
developers -one in hope of getting a golf course designation; an application that
has long since been withdrawn. If developers can retain urban valleyland areas
for renewable energy projects, municipal objectives will again be thwarted.
4.4 Urban valleylands are significant natural features in urban areas. They are
important for both their environmental benefits and their amenity benefits for
residents, providing opportunities for trails, views of and access to natural areas.
Even degraded sites offer opportunities for restoration of natural heritage
features that are important to our quality of life.
4.5 The FIT Fund Solar project illustrates the potential for renewable energy projects
to be located in inappropriate areas without strong oversight and direction.
Larger Class 3 solar projects should not be located in an urban valleyland simply
by default. There are other urban options for larger scale solar installations that
take advantage of the large flat roofs on industrial building or recreation facilities.
These types of installations are more in keeping with the Provincial Growth Plan
and other planning policies which encourage the efficient use of land and
infrastructure in urban areas.
REPORT NO.: PSD-023-11
PAGE 11
5.0 CONCLUSION
5.1 FIT Fund Solar Corporation should be advised that the Municipality does not
support the development of solar facilities in urban valleylands. However, they
should be encouraged to consider other locations in the Municipality. Staff would
be pleased to assist in the consideration of alternative locations.
5.2 It is also recommended that a resolution be passed to advise the Ministry of
Energy of the Municipality's concern for Class 3 Solar installations in urban
valleylands. This resolution can be circulated to other municipalities for support,
as they could be facing the same issue.
staff Contact: Lisa Backus
Attachments
Attachment 1 -FIT FUND Solar Power Materials
Interested parties to be notified of Council's decision:
Dave Sebben
Mario Veltri
Petr Siemans
Chris Darling, CLOCA
Attachment 1
to Report PSD-023-11
Durham Power Project -Municipality of Clarington
FV ~ V January 11, 2011
Attention: Ron Albright, P. Eng.
Manager, Infrastructure & Capital Works
Renewable Energy Project -Municipality of Clarington
The FIT Fund Solar Corp. is pleased to announce the Durham
Power Project which will be located in the Municipality of Clarington
- Town of Bowmanville.
The Durham Power Project is scheduled for 200 kilowatts and will
be located on a properly at the northeast corner of Simpson
Avenue and Baseline Road.
The Durham Power Project will provide an economic stimulus to the
community, both during the construction phase, and subsequently
as jobs are created to manage the ongoing facility.
The initial stage consists of a new R-Plan survey to define the legal
boundaries of the property, and to participate with the Municipality
of Clarington in negotiating the settlement of properly transfer for
their infrastruc#ure requirements.
The results of this survey have been completed as of January 4, 2022, at which time copies have been
provided to the Municipality. This survey has been undertaken by the landowner/solar developer at their
own cost.
Property Transfer Consideration
It is the position of David Forbes, owner of Lot 10, Concession 1, Municipality of Clarington that the
property easement required by the municipality will be transferred to the municipality without financial
cost.
In return for this consideration, Mr. Forbes is seeking the support of the municipality in development of
this renewable energy project, and our bid to receive approval for this development from the Central Lake
Ontario Conservation Authority.
The FIT Fund Solar Corp. is preparing site design drawings, as well as 3D renderings to illustrate both the
physical impact of the installation, as well as the visual aesthetics of the solar installation.
I! is our objective to develop this property in a manner that meets the requirements of all local
jurisdictions, minimize environmental impact and create value for the owner.
Durham Power Fund -Municipality of Clarington -Dec. 17, 2010 Page 1 of 3
Environmental Issues
The key environmental issues that we have identified and addressed are:
a. Topsoil disturbance - in order to minimize topsoil, we have designed an
anchoring system that consists of using drilled-in helical piles. The use of
these piles forgoes the use of concrete foundations, thus avoiding any
site excavation. The installation of these piles has virtually no soil
disturbance. See illustration right.
b. Vegetation alteration - as the site vegetation is instrumental in absorbing
excess moisture, either by rainfall or overflow flooding, we have designed
our site installation to circumvent virtually all existing vegetation, with
exception of one tree, which may have to be removed. It is located in the
center of the property, and its removal will have minimal affect on the
site. All vegetation located near the creek banks will remain undisturbed.
c. Flooding displacement & drainage - as this property is located in a flood
plain, our structures have been designed to have virtually no
displacement value. The solar arrays are anchored to.the ground with
about 4" diameter rods, and mounted on 8"diameter pipes. A flood of
one meter on the property would be in excess of 8,624 cu. maters of
water, and the displacement of the solar mounts would be approximately
1.3 cu. meters, or less than .015 percent.
Summary
The Durham Power Project is a development fitting with the strong energy roots
of the local community and its mandate to welcome renewable energy in all of Its
development plans.
The FIT Fund Solar Corp, is very sensitive to the environment impact of this
project, and has worked hard to create a solar project that has minimal impact on the property.
Illustrations
• 3D Solar Illustration -site
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Durham Poever Fund -Municipality of Clarington -Dec. 17, 2010 Page 2 of 3
sum
3D Illustration -pole mount pedestal and land anchors
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• Top view -site layout
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Durham Power Fund - Municipality of Clarington -Dec. 17, 2010 Page 3 0