Zoning/Planning and Canada
The decision came down Friday in the lawsuit brought about by Wainfleet Wind Energy Inc. and its owners the Loeffen family and Tom Rankin, head of Rankin Construction, after the township passed its setback bylaw last year.
The bylaw was an attempt by to supersede the Green Energy Act, which prescribes a 550-metre setback — the distance between a residential property and a turbine.
An external lawyer working for NextEra Energy told West Grey council Monday evening during question period that imposing large fees for bonds associated with the construction of wind turbines is, in his opinion, unlawful.
West Grey was served a letter on Friday describing lawyer Justin Necpal's argument against a bylaw passed Monday evening outlining amendments to include fees associated with the construction of wind turbines.
Wind farm opponents are calling for a moratorium on further developments after a number of setbacks for the industry.
The Federal Magistrates Court ruled earlier this month that wind farms decreased the value of adjacent properties – something that opponents had long argued about with the South Australian Government.
The flyer asks West Lincoln residents to pick a side of the wind turbine debate. It asks that residents vote for or against the municipality passing a minimum setback distance of two-kilometres between industrial wind turbines and dwellings.
"I think people are in panic mode now as they see what's happening," said Pritchard, who invites the residents responsible for the campaign to contact WLWAG.
Argyle municipal council in Yarmouth County voted preliminarily Thursday night to keep large commercial wind turbines at least a kilometre from the nearest house. ...At present, the distance between a wind turbine and the nearest house must be merely twice the height of the turbine.
"We are open for business, but we want the right kind of business."
He said municipalities and the province must do more research before allowing large-scale wind farms into rural communities. ..."Why do we in the beautiful rural areas have to be subjected to large industrial wind farms?
“Now Therefore, regardless of the undemocratic terms of Ontario Bill 150, be it resolved that the Council of the Municipality of Meaford confirms that it is not desirous of any Industrial Wind turbine development within our corporation, and requests that developers of wind farms do not submit further applications within our municipal boundaries,” read the resolution.
Private member's bills are a way for the Opposition to throw the spotlight on issues, even when passage is unlikely.
The lack of local control of planning for power projects under the Green Act is one of them.
"We want to restore the local decision making powers that were stripped away by Dalton McGuinty. This bill will do it."
"We're trying to protect the residents. If (developers) are not adhering to our wind development policies council has taken the stance that we're not issuing building permits," clerk Sonya Watson said in an interview Friday.
Council passed a resolution Tuesday putting the wind industry on notice.
Support is growing for Arran- Elderslie's bylaw to control industrial windfarm development using a section of the Canadian Charter of Rights and Freedoms, based on health and safety concerns.
In April, Arran-Elderslie passed the bylaw in an attempt to block wind turbine development within the municipality. ...To date, about 20 municipalities have endorsed Arran-Elderslie's bylaw.
Arran-Elderslie has passed a bylaw to control wind turbine development based on health concerns and the Charter of Rights and Freedoms.
Council unanimously approved final reading to the bylaw Monday, although there was disagreement about using taxpayers' money to defend it if it should be challenged. ...The bylaw calls for "the protection of life, liberty and security of person" under Section 7 of the Charter, claiming wind turbines cause serious health effects.
Arran-Elderslie has given first and second readings to a draft bylaw to amend the municipal code in order to invoke a section of the Canadian Charter of Rights and Freedoms in an attempt to block wind turbine development within the municipality. ..."We owe it to our people to maintain their health and well-being," Davis said calling the wind turbine landscape in nearby Bruce Township "disgraceful and disgusting."
Debate about the development of wind power within the town of Sackville has been widespread in the last two months, as the introduction of bylaws by the planning commission were tabled before the town council. The by-laws cover both turbines for individual use, and wind farms, with a generation capacity exceeding three megawatts. At the council meeting on November 9, the by-laws passed by a vote of 4-3.
Despite contentious debate last week over whether the town should open itself up to wind energy proposals at all, council decided in the end it was best to put the needed regulations in place instead of leaving the town without a strategy to guide a sector that is fast developing around the world.
Coun. Margaret Tusz-King said the new wind power regulations, which were approved as part of Sackville's new zoning bylaw last Monday night, include "stringent limitations on how and where turbines will be erected."
Arran-Elderslie is likely to impose a one-year moratorium, with a possible one-year extension, on construction of large wind turbines.
Council is expected to pass an interim control bylaw Oct. 26 despite being told by the provincial government such bylaws are not allowed.
"There are a lot of people with some real concerns about these turbines," Elderslie ward Coun. Mark Davis told council.
Standardized setbacks, domestic manufacturing content and a reworked approval process are among the province’s new wind turbine regulations.
As part of the Green Energy Act, there will also be a feed-in tariff program, which allows everyone from homeowners to large developers to sell power to the grid. ...
This distance would increase with the number of turbines and sound level ratings.
The province also integrated various approvals — including environmental and municipal — into the Renewable Energy Approval process.
It's not so much about what is on the agenda for Monday's Chatham-Kent planning meeting, but what is not.
Two wind power applications for a total of 98 new wind turbines to be built in Chatham-Kent have been deferred again. ...[municipal planning consultant Tom Storey of Storey] speculated this is because new regulations are expected to come down soon under the new Green Energy Act.
Municipal District of Pincher Creek held a meeting to decide on whether or not to re-zone parcels of land North of the Oldman River so that more wind farm development could occur in the area.
Presently some of the land around the existing wind farms is zoned for agriculture and has to be re-zoned as Wind Farm Industrial in order for the proposed project to proceed.
Opponents of a wind farm project in the Charlevoix region have struck gold - the presence of a nesting pair of golden eagles means no windmill can be built within 20 kilometres of a their nest, they say.
A citizens group opposing development of a wind farm in Alnwick/Haldimand Township has asked the environment ministry for an extension of the public consultation period on proposed provincial regulations on wind turbines, and has been granted the chance to comment.
That's important to the group because proposed distances to residences are not sufficient, nor are the maximum noise levels, spokesperson Tova White contends.