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2. In any case, noise emitted by the IWT shall not exceed 32dB at the nearest
property;
3. The Developer shall provide an indemnification of 100% for any loss of property
value or adverse health effect directly or indirectly caused by an IWT.
These municipalities made the decision to pass by-laws in opposition to “Green Energy
Act”, and are willing to take the fight to the Courts, if need be. We have received advice
that a by-law enacted without the legislative authority, and more importantly, in
opposition to a Provincial Act, would be unenforceable and attempting to enforce the bylaw
in the Courts would be very costly, with little chance of success.
Some powers and control still remain with the Municipality under other Acts, (such as
the Municipal Act), and by-laws can be passed as long as they do not frustrate the
purposes of a Provincial Act.
MUNICIPAL OPTIONS
Council asked for a report to be prepared on what legally can be done to protect the
municipal assets and community’s infrastructure investment and that is the essence of
this report. Note: This is not intended to be an exhaustive list of issues, but a
starting point for discussion.
POLICIES
1. Wind Turbine Development Policy
As stated earlier, the Municipality has prior experience with Development Agreements
for wind energy projects; however, the provisions of the agreements were drafted prior
to the “Green Energy Act”. The rules are different under the Green Energy Act, and in
order to clarify the municipal expectations, it is recommended that a “Municipal Wind
Turbine Development Policy” be approved, which would include general provisions with
respect to Municipal requirements.
(See Attachment # 4 – Draft Wind Turbine Development Policy)
The main purposes of the policy would be to establish the requirement of an application
fee for the municipal consultation form review, and the requirement for a development
agreement between the wind energy company (developer) and the municipality.
The “Municipal Consultation Form” (MCF) is to be completed by the Municipality, and
submitted to the energy company for consideration, and to be submitted with the “REA”
application. (PL Report No. 39-2012, considered at the November 5, 2012 meeting
provided more information on the MCF) The form asks for comments on issues such
as location of project with respect to infrastructure and servicing, road access, traffic
management plans, service connections, landscaping, emergency management, safety
protocol, easements and covenants, rehabilitation, fire hydrants, drainage, waterworks,
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