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HomeMy WebLinkAbout06 096 Site plan control THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE · BY-LAW No. 2006 - 096 BEING A BY-LAW TO DESIGNATE A SITE PLAN CONTROL AREA FOR THE MUNICIPALITY OF KINCARDINE Certain lands bounded by County Road 11 to the north, Concession 2 to the south, lake Range Road to the west, and Bruce Road 1 to the east, Municipality of Kincardine (geographic Township of Bruce) · WHEREAS the Official Plan for the County of Bruce empowers the Corporation of the Municipality of Kincardine to describe certain lands within the Municipality as a proposed site plan control area; AND WHEREAS the Council of the Corporation of the Municipality of Kincardine is empowered pursuant to Section 41 of the Planning Act, 1990 to designate the whole or any part of such area as a site plan control area; AND WHEREAS it is the declared intention of the Council of the Corporation of the Municipality of Kincardine that any section or part of a section of this By-law which might subsequently be held to be illegal, shall be severable from the remainder of the By-law and shall not be deemed to have persuaded or influenced the Council to pass the remainder of the By-law; NOW THEREFORE THE COUNCIL of the Corporation of the Municipality of Kincardine ENACTS as follows: · 2. The following lands are hereby designated as a site plan control area; (i) All of those lands in the Municipality of Kincardine (geographic Township of Bruce), as shown on the attached Schedules labelled 'KA-1' to 'KA-32'. (ii) Within the site plan control area designated under Section 1 (i) of this By- law no person shall: i) erect a wind turbine over 20 metres in total height; ii) grade or otherwise alter lands for the preparation of the erection of a wind turbine over 20 metres in total height; iii) prepare or excavate a foundation for a proposed wind turbine over 20 metres in total height; iv) construct roads/laneways or other similar routes to gain access to a proposed wind turbine over 20 metres in total height, unless the Council of the Corporation of the Municipality of Kincardine has approved of plans, drawings, agreements and other matters referred to in Section 41 of the Planning Act, 1990. · .../2 · · · · . . -': ""',""~F""-';, ,,,,~,...,.,.,,,,,~....,, ","', Page 2 By-law No. 2006 - 096 Site Plan Control Area (Enbridge) By-law 2. The following lands are hereby designated as a site plan control area; (i) All of those lands described as Part lot 31, Concession 4, Municipality of Kincardine (former Township of Bruce), as shown on the attached Schedule 'KA-33'. (ii) No person shall undertake any development in the site plan control area designated under Section 2(i) of this By-law unless the Council of the Corporation of the Municipality of Kincardine has approved of plans, drawings, agreements and other matters referred to in Section 41 of the Planning Act, 1990, or has passed a resolution exempting the development from such works. 3. The following lands are hereby designated as a site plan control area; (i) All of those lands described as Part lot 1 and lot 2, Concession 7, Municipality of Kincardine (fonner Township of Bruce), as shown on the attached Schedule 'KA-34'. (ii) Within the site plan control area designated under Section 3(i) of this By- law no person shall: i) erect a wind turbine over 20 metres in total height; ii) grade or otherwise alter lands for the preparation of the erection of a wind turbine over 20 metres in total height; iii) prepare or excavate a foundation for a proposed wind turbine over 20 metres in total height; iv) construct roads/laneways or other similar routes to gain access to a proposed wind turbine over 20 metres in total height; or v) use the lands for the temporary storage of wind turbines, tower sections, nacelles, and blades, unless the Council of the Corporation of the Municipality of Kincardine has approved of plans, drawings, agreements and other matters referred to in Section 41 of the Planning Act, 1990. 4. The following lands are hereby designated as a site plan control area; (i) All of those lands described as lot 9, Concession 7, Municipality of Kincardine (former Township of Bruce), as shown on the attached Schedule 'KA-35'. (ii) No person shall undertake any development in the site plan control area designated under Section 4(i) of this By-law unless the Council of the Corporation of the Municipality of Kincardine has approved of plans, drawings, agreements and other matters referred to in Section 41 of the Planning Act, 1990, or has passed a resolution exempting the development from such works. 5. The Mayor and Clerk of the Corporation of the Municipality of Kincardine are hereby authorized to execute any agreements required pursuant to this By-law and affix the Corporate Seal. 6. This By-law takes effect from the date of passage by Council and comes into force and effect pursuant to the provisions of the Planning Act, 1990. .../3 · · · · Page 3 By-law No. 2006 - 096 Site Plan Control Area (Enbridge) By-law 7. This By-law may be cited as the "Site Plan Control Area (Enbridge) By-law" Read a FIRST, SECOND and a THIRD time and FINALLY PASSED this 14th day of June 2006. ~,(. ~ Mayor ~~~ Cle SCHEDULE IKA-11 lot J, Concession 14, Municipality of Kincardine(fonner Township of Bruce) La 1 LatJ 1 Lot 2 I I I CON 14 + CON 14 ~-,_....--- FIe; EnbIIdge Wild Pnljed fie: EIåIdge WIld PIqed Owner Name; Jg ¡ns on FtC. & ..kMsIIIn RR. Owner N8rne; IC!moIt. J. West half of Lot 1, COhceselon 14, Municipality of Kincardine(fonner Township of Bruce) " , ØlaaRd !.'______ , _R.1I r............- 1_"__ -L lot 3, Concessicn 14, Municipality of Kincardine(fonner Township of Bruce) lot 4, Concession 14, Municipality of Kincardine(fonner Townstip of BnJœ) -.-..- Lot 2 CON 14 Fie; ErDIcIge WIld I'nI etI Owner NIne U..- LC. & MIñIad1 G.P. Lot 4 Lat3 CON 14 \ file: EIIbridge WIld Ptajea ao-r MIlne; 3711650 0Bm Ud. \ ~ LANDS SUBJECT TO SITE PLAN CONTROL THIS IS SCHEDULE 'KA-1' TO SITE PLAN CONTROL BY-LAW NO. 2006 - 096 PASSED THIS 14th DAY OF JUNE, 2006 ßJ.1- ~-A. ~ ~~ MAYOR CLERK