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HomeMy WebLinkAboutPSD-034-15 Cli lar*wn Planning Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: June 8, 2015 Report Number: PSD-034-15 Resolution Number:GPI- LAO)15 File Number: PLN 29.10 By-law Number: Report Subject: Council support for roof top solar project applications the FIT Program Recommendations: 1. That Report PSD-034-15 be received; 2. That Council approve the Resolution contained in Attachment 2 to support roof top solar projects in Clarington, subject to the application meeting the review criteria set by the Council and payment of the application fee; and 3. That the Director of the Planning Services be delegated authority to provide Council's endorsement for roof top solar projects. Municipality of Clarington Report PSD-034-15 Page 2 Report Overview Currently Council provides support resolutions for all FIT (feed-in tariff) applications on by a site and application specific basis. Council have been supportive of roof top solar projects in Clarington provided they have met the approved criteria. It is recommended that Council pass a resolution supporting roof top solar projects in Clarington subject to the Director of Planning Services being satisfied the project application meets the review criteria and receiving an application review fee. It is anticipated that another round of FIT applications will occur over the summer recess period. 1 . Background The Green Energy Act of 2009 was created to support and encourage the expansion of renewable energy sources, support energy conservation and facilitate the expansion of the green energy job market. The FIT (feed-in tariff) program was created under this legislation, and is meant to support small and large scale renewable energy generation projects and feed back into the Ontario electrical grid. On January 1, 2015, the Ontario Power Authority (OPA) merged into the Independent Electricity System Operator (IESO) to create an organization that will combine the OPA and IESO mandates. As a result of the merger FIT program rules, regulations, applications and contracts are administered by the Independent Electricity System Operator. FIT projects can include solar photovoltaic, waterpower, biomass, biogas, landfill gas and wind. The FIT Program accepts applications during defined application periods, known as intake windows, as announced on the Independent Electricity System Operator website. The FIT Program has undergone several iterations since its inception and is currently under review again. On April 28, 2015 the Independent Electricity System Operator released draft changes to the FIT program. These draft changes are currently open for comments from stakeholders. As part of the draft regulations released in April the rules governing the FIT Program remain unchanged with respect to applications whose projects receive the formal support of local municipalities as they will continue to be awarded priority points, which may result in the applicant being offered a FIT contract prior to other persons applying for FIT contracts without municipal support. Since the last application intake period there have been a number of consultations with stakeholders on how to improve the FIT program. It is anticipated that the proposed changes to the rules and regulations for the FIT program will be finalized in the near future with a new application intake window starting this summer. The Planning Services Department are receiving inquiries about the process for obtaining Council support resolutions for projects, mainly roof top solar, for the anticipated intake window this summer. Given the anticipated timing of the finalization of the new FIT regulations and the next application intake window there could be a number of requests for Council support resolutions during July and August. Since the municipal support priority points were introduced to the FIT program Council has endorsed projects on a case by case basis. A significant number of applications Municipality of Clarington Report PSD-034-15 Page 3 received for Council endorsements have been roof top solar projects. The Planning Services Department review applications based on criteria set out and approved by Council in Report PDD-040-12. 2. Discussion Roof top solar projects can occur in the urban and rural areas and tend to be the most compatible form of renewable energy projects that are applied for in Clarington. Roof top solar projects capitalize on infrastructure in the form of existing or proposed buildings that are required for existing or additional permitted uses and utilize spaces that are typically not used for productive economic purposes related to a business. Roof top solar projects can help increase green infrastructure and green initiatives in Clarington and can also have a positive economic development impact in the municipality. The use of the existing or proposed buildings must conform to the policies of the Official Plan, the provisions of the Zoning By-law and may require Site Plan approval. Building permits are required when projects proceed. Council have generally been supportive of these projects. The majority of roof top solar projects have been endorsed by Council; where support was not provided it was due to planning concerns related to inappropriate proposed construction of a building solely to accommodate the solar panels. Staff recommend adding an additional provision to the list of criteria approved by Council that will address the visual impact of roof top solar (Appendix A). Planning Services will use this criteria to review applications to mitigate any perceived impacts on the streetscape and to the building's architecture. Due to the nature of the roof top solar applications community consultation and community benefits generally don't apply. Roof top solar projects generally do not contain any revenue benefits for the local community or any in-kind contributions. Instead the project typically helps maintain or grow the viability of the business that is applying for the roof top solar. Community consultations have not been required for roof top solar applications to date as the size and location of the projects have not raised concerns of potential negative effects on surrounding area property owners. Staff recommend that Council pass a resolution supporting roof top solar projects, subject to the approval of the Director of Planning Services. This would allow staff to provide confirmation of Council support resolutions for applications in a timely manner, in particular during recess periods. The resolution (Attachment 2) only applies to roof top solar projects. All other FIT applications, including ground-mounted solar, waterpower, biomass, biogas, landfill gas and wind, would continue to be brought forward to Council for Council support resolutions on an application by application basis. 3. Concurrence Not Applicable Municipality of Clarington Report PSD-034-15 Page 4 4. Conclusion It is anticipated that the next FIT intake window will occur during the summer. Staff are receiving inquiries about possible dates to obtain Council support resolutions. Applications cannot be processed until the revised regulations are issued. It is recommended that Council provide a support resolution for roof top solar projects subject to the satisfaction of the Director of the Planning Services Department. 5. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by: 8 --L Dav d . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Brandon Weiler, Planner, 905-623-3379 ext. 2424 or bweiler @clarington.net Attachments: Attachment 1 — Criteria for reviewing roof top solar projects Attachment 2 — Resolution of support for roof top solar projects There are no interested parties to be notified of Council's decision. BW/df Attachment 1 to Municipality of Clarington Report PSD-034-15 CRITERIA FOR REVIEWING ROOF TOP SOLAR PROJECTS Topic Description. Community Is any portion of the revenue from the FIT project being given Benefit back to the local community, or are any in- kind contributions being generated from the applicant of the project? Financial Would there be any burdensome cost to the Municipality as a Implications result of the project, which could not be recouped through the fee system currently in lace? Community Larger-scale projects that are located in the urban areas of Consultation Clarington are encouraged to notify area residents and business owners of the subject site, to seek their input on ideal placement of the green energy infrastructure being proposed and keep them informed. Property Use Is the FIT project being proposed on an already existing structure Risk Mitigation (if the project is rooftop- based)? If so, will the use of that structure be changed and/ or impacted by the energy project? If the FIT application is being proposed on a new structure, can the future use of the structure be confirmed? Official Plan Do the Official Plan policies allow for the building and proposed Policies use? Zoning Do the zoning regulations allow for the building and proposed Regulations use? Physical Impact There shall be no adverse impacts on the existing streetscape as on Streetscape a result of applications. All projects shall be sufficiently screened or setback as to not alter the appearance of buildings from the street. Amended by Council: - Attachment 2 to Municipality of Clarington Report PSD-034-15 Resolution of Support for Roof Top Solar Projects WHEREAS pursuant to the regulations governing the FIT Program, applications under the Green Energy Act, 2009 which receive formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to others applying for FIT Contracts; AND WHEREAS the Council of the Municipality of Clarington supports roof-mounted solar projects that meet the criteria identified and approved by Council as part of Report PSD-034- 2015 approved on June 15th, 2015 NOW THEREFORE BE IT RESOLVED THAT: The Council of the Municipality of Clarington supports roof mounted solar applications that meet the review criteria and delegate's authority to the Director of Planning Services to provide Council's endorsement for roof mounted solar projects to applicants based on the criteria; and This resolution's sole purpose is to enable applicant's to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the application or project or any other purpose.