Ontario: Kincardine supports noise nuisance bylaw coalition

Kincardine council first to sign on to municipal coalition to regulate noise from wind turbines

Steven Goetz — Kincardine News — January 28, 2014

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Kincardine council is the first to officially pledge support and funds toward a proposed municipal coalition to draft and defend a noise nuisance bylaw regulating industrial wind turbines.

The decision follows a presentation at the Jan. 9 council meeting from North Perth Councillor Warren Howard on behalf of a working group of local anti-wind activists and representatives from at least 21 municipalities.

The group proposes a coalition of municipalities to share the cost to draft a noise nuisance bylaw targeting wind turbines and to defend the bylaw in court against expected challenges from wind companies and the Ontario government.

The proposal relies on the legal opinion of a lawyer hired by local anti-wind group HALT, which says that powers in the Municipal Act related to “health, safety and well-being of persons” and to regulate “public nuisances” are unaffected by Ontario’s controversial Green Energy Act (GEA), which strips municipal zoning and planning powers related to renewable energy projects and has paved the way for dozens of large wind projects across the province.

Drafting a generic bylaw that could be used in most municipalities will cost between $30,000 and $50,000, and another $250,000 to defend in court, according to the plan presented to council.

Councillors were divided on the path forward after the presentation and again on Jan.15, failing to pass three separate motion, with some councillors wanting staff to seek legal counsel, while others were ready to commit up to $50,000.

But at the Jan. 22, council passed a motion from each camp.    Continue reading here….

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8.3 Noise Nuisance By-law

Councillor Faubert provided this motion for Council’s consideration.

Motion #01/22/14 –

Moved by:

Seconded by:

THAT the Council of the Municipality of Kincardine strongly supports, in principle and in practice, the forming of a coalition to investigate and draft a generic noise nuisance bylaw as outlined in a presentation by Mr.Howard during the Municipality of Kincardine Council meeting dated January 9, 2014;

AND FURTHER THAT the Municipality of Kincardine support forming a coalition with other municipalities to develop a noise nuisance bylaw;

AND FURTHER THAT the Municipality of Kincardine pledges $15,000.00/year for two years for funding the development of such a coalition;

AND FURTHER THAT no money will be paid to the coalition until:

• an acceptable threshold for membership funding is achieved;

• A memorandum of understanding is agreed among coalition members that includes a written pledge for funding from each member;

• A plan is presented that includes the basic steps necessary to move the process forward, decision-making and administrative structures  and methods of accountability in terms of handling funds.

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