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HomeMy WebLinkAboutBy-law No. 2003-074 AMENDMENT NUMBER 4 TO THE OFFICIAL PLAN OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SUBJECT: WIND ENERGY POLICIES MUNICIPALITY OF BAYHAM The following text constitutes Amendment Number 4 to the Official Plan of The Corporation of the Municipality ofBayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2003-074 THE Council of The Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT,hereby enacts as follows: 1. THAT Amendment No. 4 to the Official Plan of The Corporation of the Municipality of Bayham consisting of the attached text is hereby adopted. 2. THAT the Clerk is hereby authorized and directed to make application to the Minister of Municipal Affairs and Housing for approval of the aforementioned Amendment No.4 to the Official Plan of The Corporation of the Municipality of Bayham. 3. THAT no part of this By-law shall come into force and take effect until approved by the Minister of Municipal Affairs and Raising. ENACTED AND PASSED this 211d day of October 2003. MAYOR CLERK CERTIFIED that the above is a true copy of By-law No.2003-074 as enacted and passed by the Council of The Corporation of the Municipality of Bayham. CLERK OFFICIAL PLAN OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM THE attached text constituting Amendment No.4 to the Official Plan of The Corporation of the Municipality of Bayham was prepared upon the recommendation of the Council of the Municipality of Bayham after evaluation of public input pursuant to the provisions of the PLANNING ACT, THIS Amendment was adopted by the Council of The Corporation of the Municipality of Bayham by By-law No.2003-074,in accordance with Section 17 of the PLANNING ACT, on the 2"d day of October 2003. c7Cc� MAYO' CLERK� OFFICIAL PLAN OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO.4 1. PURPOSE The purpose of this amendment is to add policies to the Official Plan of The Corporation of the Municipality of Bayham regarding the establishment of wind energy conversion systems. The amendment is primarily intended to permit the establishment of wind turbines along the Lake Erie shoreline. 2. LOCATION The area affected by this amendment generally comprises the areas of Concession I,II,III,and IV,in the Municipalityof Bayham. It is anticipated that most wind power development will generally occur within 3—4 kilometres of the Lake Erie shoreline. 3. BASIS OF THE AMENDMENT Due to its strategic location along the north shore of Lake Erie and due to an increasing interest by manufacturers for the establishment of wind energy systems in this location, the Municipality of Bayham has deemed it necessary to provide policies within their Official Plan to ensure the orderly development of wind turbines within the rural areas cf the Municipality. The policies outlined in this amendment have been developed in accordance with the Provincial Policy Statement with specific regard for issues relating to compatibility with surrounding land uses,long- term protection of agricultural uses,and setbacks from environmentally sensitive areas and hazardous areas. These policies are intended to accommodate the development of individual wind turbines for on-site power consumption, as well as operations consisting of one or more wind turbines (wind farms) established for the purpose of producing energy for the public electricitygrid. Development of such uses will be pursuant to the approval of an implementing Zoning By-law Amendment. 4. DETAILS OF THE AMENDMENT i) Section 4.2 — Rural Uses of the Official Plan of The Corporation of the Municipality of Bayham is hereby amended by adding the following subsection: "4.2.8 Wind Energy Resources 4.2.8.1 The Municipality of Bayham supports the development of wind energy systems for electricity production, as a source of renewable energy for the economic and environmental benefit of the Municipality and the Province. In the Rural designations of the Official Plan,small scale individual wind turbines,for on-site domestic consumption of electrical wind energy will be permitted as of right. Wind farms, comprising one or more large wind turbine(s),where electrical wind energy is sold to the electrical grid,may be permitted through a zoning by-law amendment. It is intended that many of the safety,noise and visual impacts will be contained on the site of the wind farm. 4.2.8.2 Wind farms shall generally be located in Concession I, Concession II, Concession III and Concession IV, south of Calton Line, on large parcels of agricultural land having limited residential development on-site or nearby. The sites will be separated from Urban Land Uses found in the Hamlets or Villages designations of Schedule"A"in order to reduce the potential impact of safety, noise and visual intrusion on these areas. The proposed sites will have access to a public road with the existing design capacity to accommodate construction and maintenance vehicles needed for the wind farm.The site will have sufficient area to provide setbacks from sensitive residential and institutional land uses and to provide safety from structure collapse or falling ice. The wind energy system shall be designed,built, operated and maintained by firms/individuals qualified to undertake the work. 4.2.8.3 Wind Farms may be permitted by Zoning By-law amendment, in the Rural designation identified above,where the applicant demonstrates,through appropriate studies,undertaken by qualified professionals, that all issues related to the amendment application have been addressed. The applicant is encouraged to contact the municipalityprior to commencing the background studies, to determine the nature and scope of the issues, which need to be addressed. The proponent shall undertake one or more of the following applicable studies: a) A noise impact study will be undertaken to determine setbacks from wind farms so that, noise levels will not exceed the Ministry of the Environment noise standards for sensitive land uses; b) A visual impact study will be undertaken to determine the impact and mitigation measures required for the shadow or reflection of light coming from any part of the wind turbine on adjacent sensitive land uses; c) A visual impact study will be undertaken to determine the impact and mitigation measures required for wind turbines on the landscape as viewed from Lake Erie, municipal roads or other public access lands; d) Where natural heritage features or functions are identified in the Official Plan, an environmental impact study shall be undertaken on the feature and measures identified to mitigate the impact; e) Where landing strips,aerodromes or telecommunication systems exist in proximity to the pi uposed wind farm,a study shall be undertaken to ensure the siting and operation of the turbines will not impact on the operation or safety of these land uses. f) Where vacant lands are located in proximity to a wind farm,consideration shall be given to allowing future development of those vacant lots in accordance with the noise,safety and visual impact or mitigation criteria far existing development. 4.2.8.4 Wind farms shall be subject to a site plan agreement,for the location of road access,parking, accessory buildings, vegetative buffers, location of external works/facilities,storm water management/drainage and any other identified mitigation measures." DECISION With respect to Official Plan Amendment No. 4 Subsection 17(34) of the Planning Act I hereby approve as modified, Amendment No. 4 to the Official Plan for the Municipality of Bayham, adopted by By-law No. 2003-074, as follows: 1. Section 4.2.8.3 is modified by adding the following new clause: "g) A planning justification report which demonstrates that the proposed wind turbines are located on lower priority agricultural lands, where possible; and which demonstrates wind turbine placement that minimizes the disruption to agricultural uses and normal farm practices. h) Where a significant amount of agricultural land is proposed to be removed from agricultural use for the development of a wind farm, Council shall require the proponent to demonstrate that the proposed wind farm is a secondary use; protects agricultural uses and normal farm practices; and is compatible with and will not hinder surrounding agricultural operations." Dated at London thisiay of March, 2004. * / J'2 I ?e6'_ Joh Mac ox Direc • Municipal Services Office - Southwestern Ministry of Municipal Affairs and Housing OntarioMunicipal Services Office-Southwestern Bureau des services aux municipalites-region du Sud-Quest Ontario 659 Exeter Road,2nd Floor 659 Exeter Road,2'etage London ON N6E 1L3 London ON N6E 113 Ministry of Ministere des 519/873-4020 (519)873-4020 Municipal Affairs Affaires municipales Fax:519/873-4018 Telecopieur:(519)873-4018 and Housing et du Logement Toll Free: 1-800-265-4736 Sans frais: 1 800 265-4736 March 29, 2004 Ms. Linda Millard 1 y = _ y Municipality of Bayham ,e_ ,;n, P.O. Box,160 9344 Plank Road E.!v 0 ceead Straffordville, ON NOJ 1Y0 `�`"` ���� ' ❑Othtr Subject: Status of Decision on Official Plan Amendment No. 4 MMAH File No.: 34-OP-4003-004 Dear Ms. Millard: This letter is further to the Notice of Decision given on March 4, 2004 pursuant to subsections 17(34) and (35) of the Planning Act with respect to Official Plan Amendment No. 4 to the Municipality of Bayham Official Plan. It is intended to provide you with the status of the decision on the Official Plan Amendment pursuant to subsections 17(36) and (38) of the Planning Act which pertain to appeals, when decisions become final and when approvals come into effect. Please be advised that no appeals have been lodged within the 20 day appeal period, and therefore all of Official Plan Amendment No. 4 to the Official Plan for the Municipality of Bayham, adopted by By-law No. 2003-074, modified and approved by the Ministry of Municipal Affairs and Housing is approved and came into force on March 25, 2004. Enclosed for your records are the original and duplicate original copies of the Official Plan Amendment. Should you have any questions regarding the above information, please contact Erick Boyd, Municipal/Planning Advisor, at (519) 873-4025. Your truly, Bruce Curtis, MCIP, RPP Manager, Community Planning and Development Municipal Services Office - Southwestern - 2 - Enclosures Copies: William Poi, Cumming Cockburn Limited John Turvey, OMAF - Guelph Fiona Walker, MNR - Aylmer Jennifer Moulton, MOE - London SWORN DECLARATION Subsection 17(28) of the Planning Act Applicant: Municipality of Bayham Municipality: Municipality of Bayham MMAH File No.: 34-OP-4003-004 I Erick Boyd of the Township of Middlesex Centre, in the County of Middlesex solemnly declare, 1 . That notice of the proposed decision in respect of the above-noted matter made on March 3, 2004 was given as required by subsection 17(35) of the Planning Act on March 4, 2004. 2. That no appeal to the Ontario Municipal Board of the decision in respect of the above-noted matter made on March 3, 2004 was received under subsection 17(36) of the Planning Act within the time specified for submitting an appeal. and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath. Declared before me at the City of London this 29th day of March, 2004. Commissioner of Oaths De arant BRUCE EDWARD CURTIS,a Commissioner,etc., County of Middlesex,for the Government of Ontario, Ministry of Municipal Affairs and Housing. Expires September 25,2006