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Home My WebLink About06 211 Zon Enb lt "E" con 7 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE . BY-LAW No. 2006 - 211 BEING A BY.LAW TO AMEND ZONING BY -LAW NO. 2003-25, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE AND ZONING BY-LAWNO_76.1~, BEING THE COMPREHENSIVE ZONING BY -LAW FOR THE TOWNSHIP OF BRUCE Tony Lang Farms Ltd. c/o Enbrldge Ontario Wind Power LP. Part Lot 'E'. Concesslon 7, Munlclpallty of Kincardine (geographic Township of Bruce) . . WHEREAS Section 34 of the Planning Act, R.S.O 1990, Chapter 13 authorizes the Councils of Municipalities to enact and amend zoning by-taws which comply wUh an approved official plan; AND WHEREAS the Council of the Corporation of the Municipality of Kincardine has enacted Comprehensive Zoning By-law 2003-25. a zoning by-law enacted under Section 34 of the said Planning Act; AND WHEREAS the Council of lhe Corporation of the Municipality of Kincardine desires to amend By-law 2003.25; AND WHEREAS the Council of 1he Corporation of the Township of Bruce has enacted Comprehensive Zoning By-law 76-13, a zoning by~law enacted under Section 34 of the said Planning Act; AND WHEREAS the Corporation of the Township of Bruce has restructured to now be a part of the Corporation 01 the Municipality of Kincardine; AND WHEREAS the Council of the Corporation of the Municipality of Kincardine desires to amend By~law 76~ 13; NOW THEREFORE the Council of the Corporation of the Municipality of Kincardine ENACTS as follows: 1. Schedule 'A' to By~law No. 2003--25 as amended. is hereby further amended by changing thereon from 'A2 - Restricted Agriculture' to 'A2~s~ H _ Restnc\ed Agriculture Special Holding' the zoning designation of those lands described as Part Lot 'E', Concession 7, Municipality of Kincardine (geogr,aphic Township of Bruce) which are outlined on the attactled Schedule 'M I 8'. 2. By~law No. 2003-25, as amended. being the Comprehensive Zoning By. law for the Municipality of Kincardine, is hereby further amended by adding the fonowing paragraph 10 subsection 10.3Ihereof: 10.3.17 Notwithstanding their 'A2' zoning designatiO'n. thO'se lands delineated as 'A2-s-H' on Schedule 'A'tO' this By..Jaw may be used for 'Farm Lot' purposes in compliance with the 'A2' zone provisions contained in this By~law, excepting however, that: I. A 'Commercial Wind Generation Syslem (CWGS)' consisting of no more than four (4) Wind. Generating System (WGS)' shall also be permitted; the WGS #40 shall be located within +f- 5 metres of UTM Datum Zone 17 457764 E and 4908509 N; the WGS #41 shall be located within +1. 5 melres of UTM Datum Zone 11 457946 E and 4908504 N; the WGS #42 shall be located within +/~ 5 metres of UTM Datum Zone 17 458007 E and 4908940 N; and the WGS #43 shall be located within +1- 5 melres of VTM Datum Zone 11458196 E and 4908927 N. . ii. For the purposes of this By-law the following Definitions shall apply: COMMERCIAL WIND GENERATION SYSTEM ICWGS): means one or more Wind Generating Systems (WGS), that singly or collectively produce more than a total of 40 kilowatts (kW) based on 'nameplate rating capacity' and are connected to the provincial transmission grid. WIND GENERATION SYSTEM (WGS): means any device such as a wind charger. windmill, or wind turbine that converts wind energy to electrical energy. iii. For the purposes of this By-law the following Provisions and Notes 1, 2 and :3 shall apply: Feature Provlsion/Re ulation 'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feet) Residential Cluster' Nola 1 'CWGS' MInimum Setback to lands 700 metres (2296.6Ieet) within a 'Settlement Area' Nole 2 'WGS' Minimum Setback to: Residential 1.10 times the 'Total WGS Height' NOle 3 uses or structures designed for human habitation on the same lot as a WGS' 'WGS' Minimum Setback to: County or 1.25 times the 'Total WGS Height' from Provincial road or Hiahwav the ri~ht-of-wav line 'WGS' Minimum Setback to: Front Yard 'T~:~I WGS Height' minus 10 metres (33 or Exterior Side Yard leet Maximum 'Total WGS Heiaht' 121.0 metres 397 feet) SignslAdvertisingfLogos Advertising signs or logos on any 'WGS' shall be prohibited; a maximum of 2 project identification signs not to exceed 1.49 square metres (16 square feet) in area or 2.44 metres (B feet) in height shall be oermitted. Note 1. A 'Rural Residential Cluster' means four (4) or more residential lots, each lot being less than 0.8 hectares (2 acres) in area, that share a common boundary including lots located across a roadway. Note 2. A 'Settlement Area' means any urban area or rural settlement area that is designated in the Kincardine Official Plan or County of Bruce Official Plan for development such as, but not limited to, Underwood, Inverhuron, North Bruce, Shoreline Development Area, etc. Note 3, 'Total WGS Height' is measured from average grade to the uppermost extension of any blade, or the maximum heighl reached by any part of the turbine whichever is greater. Iv. The 'WGS' Minimum Setback to an 'Interior Side Yard' or 'Rear Yard' shall be no less than '1.0 times the Totar WGS Height 11.0 x Total WGS Height}' excepting however the setback may be reduced to 0 metres (0 feet) provided that: a. the abutting landowner is the same registered owner as that of the lands to which approval for a 'WGS' applies; or b. the abutting landowner has also signed both an option agreement and has a Ieasefeasement agreement permitting the erection of a 'WGS'; or c. the abutting landowner has also signed both an option agreement and has a lease/easement agreement permitting the construction of project infrastructure i.e., access roads and/or electricity transmission line on the abutting lands; or d. the 'Interior Side Yard' or 'Rear Yard' abuts the Hydro One right-of.way 230 kV transmission corridor. v. The 'H - Holding' provision may be removed once the following conditions have been met: a. An 'Operational Protocol and Emergency Services Plan' for dealing with Extreme Weather Conditions to include potential Icing and High Wind situations has been filed with the Municipality of Kincardine by Enbridge. b. A 'Site Plan Agreement' as per Section 41(7)(c) has been registered as per Section 41(10) of the Planning Act, R.S.O. 1990 as amended. c. A 'Stage 2 Archaeological Study' has been prepared, submitted, reviewed and approved by the Ministry of Citizenship and Culture, and any recommendations of the Report and/or Ministry have been implemented. d. A 'Decommissioning Plan' outlining the anticipated costs of turbine removal and site remediation and to include the anticipated obligations of the landowner and/or Project operator has been submitted and approved by the Municipality of Kincardine. e. A letter certifying that the conditions as per clause Iv) above have been met has been filed with the Municipality of Kincardine by Enbridge. 1. A copy of the Environmental Screening 'Statement of Completion' has been deposited with the Municipality of Kincardine. g. A 'Dispute Resolution Protocol' for dealing with turbine noise complaints within the project area has been filed with the Municipality of Kincardine by Enbridge. vi. Where one or more zoning regulations applicable to a WGS' results in a conflict, the most restrictive OJ' higher regulation shall apply. The area shown as 'Lands to be Zoned' on Schedule 'A' to this By-law, shall meet the minimum setback regulations for a 'WGS' prescribed herein. 3. Schedule 'A' to By-law No. 76-13 as amended, is hereby further amended by changing thereon from 'A-R - Restricted Rural' to 'A- R-17 ~H - Restricted Rural Special Holding' the zoning designation of those lands described as Part Lot 'E', Concession 7, Municipality of Kincardine (geographic Township of Bruce) which are outlined on the attached Schedule 'A-119', 4. By-law No. 76-13, as amended, being the Comprehensive Zoning By-law for the geographic Township of Bruce, is hereby further amended by adding the following paragraph to Section 10.0 lhereof: 10.10 Notwithstanding their 'A-R' zoning designation, those lands delinealed as 'A-R-17-H' on Schedule 'A' to this By-law may be used for 'Rural' purposes in compliance with the 'A-R' zone provisions contained in this By-law, excepting however, thai: i. A 'Commercial Wind Generation System (CSGS)' consisting of no more than four (4) 'Wind Generating System (WGS)' shall also be permitted; the WGS #40 shall be located within +/- 5 metres of UTM Datum Zone 11 457764 E and 4908509 N; the WGS #41 shall be located within +1- 5 metres of UTM Datum Zone 17 457946 E and 4908504 N; the WGS #42 shall be located within +1- 5 metres of UTM Datum Zone 17 458007 E and 4908940 N; and the WGS #43 shall be located within +1- 5 metres of UTM Datum Zone 17 458196 E and 4908927 N. ii. For the purposes of this By-law the following Definitions shall apply: COMMERCIAL WINO GENERATION SYSTEM (CWGSI: means one or more Wind Generating Systems (WGS), that singly or collectively produce more than a total of 40 kilowatts (kW) based on 'nameplate rating capadty' and are connected to the provincial transmission grid. WINO GENERATION SYSTEM fWGS): means any device such as a wind charger, windmill. or wind turbine that converts wind energy to electrical energy. Iii. For the purposes of this By-law the following Provisions and Notes 1,2 and 3 shall apply: Feature ProvisionlRetlulatlon 'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feet) Residential Cluster' Nole 1 'CWGS' Minimum Setback to lands 700 metres (2296_6 feet) within a 'Settlement Area' NDte 2 'WGS' Minimum Setback to: Residential 1.10 times the 'Total WGS Height' .. uses or structures designed for human habitation on the same lot as a 'WGS' 'WGS' Minimum Setback 10: County or 1.25 times the 'Total WGS Height' from Provincial road or Hiohwav the rinht-of-wav line 'WGS' Minimum Setback to: Front Yard 'T~:~l WGS HeIght' minus 10 metres (33 or Exterior Side Yard feet Maximum 'Total WGS Heioht' 121.0 metres (397 feet\ Signs/Advertising/logos Advertising signs or logos on any 'WGS' shall be prohibited: a maximum of 2 project identification signs not to exceed 1.49 square metres (16 square feet) in area or 2.44 metres (8 feet) in height shall be oerml"ed. Note 1. A 'Rural Residential Cluster' means four (4) or more residential lots, each lot being less than 0.8 hectares (2 acres) in area, that share a common boundary including lots located across a roadway. Note 2. A 'Settlement Area' means any urban area or rural settlement area that is designated in the Kincardine Official Plan or County of Bruce Official Plan for development such as, but not limited to, Underwood, Inverhuron, North Bruce, Shoreline Development Area, etc. Note 3. 'Total WGS Height' is measured from average grade to the uppermost extension of any blade, or the maximum height reached by any part of the turbine whichever is greater. iv. The 'WGS' Minimum Setback 10 an 'Interior Side Yard' or 'Rear Yard' shall be no less than '1.0 limes the Total WGS Height [1.0 x Total WGS Height)' excepting however the setback. may be reduced to 0 metres (0 feet) provided that: a. the abutting landowner is the same registered owner as that of the lands to which approval for a 'WG$' applies: or b. the abutting landowner has also signed bolh an option agreement and has a lease/easement agreement permitting the erection of a 'WGS': or c. the abutting landowner has also signed both an option agreement and has a lease/easement agreement permitting the construction of project infrastructure i.e., access roads and/or electricity transmission line on the abutting lands; or d. the 'Interior Side Yard' or 'Rear Yard' abuts the Hydro One right-of-way 230 kV transmission corridor. v. The 'H - Holding' provision may be removed once the following conditions have been met a. An 'Operational Protocol and Emergency Services Plan' for dealing with Extreme Weather Conditions to include potential Icing and High Wind situations has been filed with the Municipality of Kincardine by Enbridge. b. A 'S~e Plan Agreement' as per Section 41(7)(c) has been registered as per Section 41(10) of the Planning Act, R.S.O. 1990 as amended. c. A "Stage 2 Archaeological Study' has been prepared, submitted, reviewed and approved by the Ministry of Citizenship and Culture, and any recommendations of the Report and/or Ministry have been implemented. d. A 'Decommissioning Plan' outlining the anticipated costs of turbine removal and site remediation and to include the anticipated obligations of the landowner and/or Project operator has been submitted and approved by the Municipality of Kincardine. e. A letter certifying that the conditions as per clause iv) above have been mel has been filed with the Municipality of Kincardine by Enbridge. 1. A copy of the Environmental Screening 'Statement of Completion' has been deposited with the Municipality of Kincardine. g. A 'Dispute Resolution Protocol' for dealing with turbine noise complaints within the project area has been filed with the Municipality of Kincardine by Enbridge. vi. Where one or more zoning regulations applicable to a 'WGS' results In a conflict, the most restrictive or higher regulation shall apply. The area shown as 'lands to be Zoned' on Schedule 'A' to this By-law, shall meet the minimum setback regulations for a 'WGS' prescribed herein. 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, RS.O. 1990. 6. This By.law may be cited as the "Amendmenl to Comprehensive Zoning By-law 2003.25 and Comprehensive Zoning By-law 76.13 (former Bruce) (Part Let 'E', Con 7, Municipality 01 Kincardine [geographic Township of Bruce}) By.law." APPROVED BY Ontario Municipal Board Decision/Order No. 19a9, dated July 16, 2007. REAO a FIRST, SECOND and THIRO time and FINALLY PASSEO this dayof 2007. Clerk Mayor SCHEDULE 'A-118' Part Lot 'E', Concession 7, Municipality of Kincardine(geographic Township of Bruce) ~Urbine#43 12 Turbin~ flj!J!;TU'bine#41 III 0 I I ~ ~ SUBJECT PROPERTY -+- TURBINE LOCATION LANDS TO BE ZONED 'A2-s.H, RESTRICTED AGRICULTURE SPECIAL HOLDING' LANOS TO REMAIN ZONED 'EP, ENVIRONMENTAL PROTECTION' THIS IS SCHEDULE 'A-118' TO ZONING BY-LAW NO, 2006-211 DAY OF THE COMPREHENSIVE PASSED THIS MAYOR CLERK ru. f.I01~ ~.........,_U&cJ-~~""'''''\P Prepared by IBI Group February 2007 Revised June 11. 2007 --- SCHEDULE 'A-119' Part Lot 'E', Concession 7, Municipality of Kincardine(geographic Township of Bruce) Turbine # 42 ~ ~ ~urbine#43 ... . I I ~ ~ SUBJECT PROPERTY -+- TURBINE LOCATION LANDS TO BE ZONED 'A-R-17-H, RESTRICTED RURAL SPECIAL HOLOING' LANDS TO REMAIN ZONED 'H, HAZARD LAND' THIS IS SCHEDULE 'A-119' TO THE COMPREHENSIVE ZONING BY-LAW NO. 2006-211 PASSED THIS DAY OF MAYOR CLERK I'UI 1-101-0&.26 N'fIIJCNm """l.IIoOI r_lM.cJ...........~............ Prepared by 181 Group February 2007 ReviSed June 11.2007 ....--