HomeMy WebLinkAbout06 123 Repealing 06 096
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
No. 2006 - 123
BEING A BY -LAW TO DESIGNATE A SITE PLAN CONTROL AREA
FOR THE MUNICIPALITY OF KINCARDINE
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:
1. The following lands are hereby designated as a site plan control area;
(i) All lands in the Municipality of Kincardine that are being considered
for a wind turbine as detailed under Section 2 of this by-law.
2.
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; 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.
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By-law No. 2006 - 123
Wind Turbine Site Plan Control By-law
3.
The Mayor and CAO 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.
4. That By-law No. 2006 - 096 is hereby repealed.
5. 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.
6. This by-law may be cited as the 'Wind Turbine Site Plan Control By-law".
READ a FIRST, SECOND and a THIRD time and FINALLY PASSED this 12th
day of July 2006.
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