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Tag Archives: noise bylaw

“Quiet nights” by-law could protect communities

19 Wednesday Feb 2014

Posted by ottawawindconcerns in Health, Renewable energy, Wind power

≈ 1 Comment

Tags

Green Energy Act, noise bylaw, Wainfleet, wind farm noise, wind turbine noise

Quiet nights bylaw could protect communities from noise

Noise bylaw could stifle windmills 14

By Bruce Bell, The Intelligencer

Friday, February 14, 2014 3:24:46 EST PM

PRINCE EDWARD COUNTY – Strength in numbers could provide municipalities with protection against unwanted developments including wind farms.

Warren Howard, a councillor from North Perth (Listowel) in southwestern Ontario appeared in front of Prince Edward County’s committee of the whole to determine if there was any interest in joining a municipal coalition to establish a noise regulation bylaw.
Howard told the committee a generic bylaw used by a number of municipalities could quite likely help stop unwanted development in Ontario communities.
“A coalition would be a much better way of doing it, because you can be 99.9 per cent sure that if a municipality tried to stop a wind development using a noise bylaw, the developer would challenge it in court,” he said. “If we had 10 municipalities in the coalition, there’s no court that is going to hear the same thing 10 times and I would imagine the first decision would be binding.”
Howard said a bylaw would need to be developed in “good faith” and couldn’t be established to target one type of development – namely the erection of wind turbines or to simply frustrate provincial initiatives. He said legal opinion suggests a noise bylaw could be developed using the concept of “quiet nights” for rural areas, prohibiting clearly audible sounds. He said general exemptions could be provided for activities such as specified farming practices, festivals and emergency vehicles.
Howard said the Green Energy Act (GEA) overrides municipal matters in planning and zoning but not the enforcement of bylaws such as noise control.
While bylaws cannot be created to completely block out provincial initiatives everywhere in a municipality, Howard said a court ruling regarding a wind development in Wainfleet, Ontario, suggests municipalities have the right to enact bylaws which protect the health and safety of residents.
“The wind company submitted that the bylaw should be declared of no force or effect pursuant to Section 14 (2) of the Municipal Act 2001 because it frustrates the purpose of the GEA and that therefore a conflict exists,” Howard told the committee.
“I am not prepared to go that far. The Municipal Act clearly contains provisions to allow for nuisance and noise as well as health and safety matters.”
Coun. Brian Marisett told Howard “Prince Edward County has dealt with noise issues many times and it’s always controversial and I don’t know what level of noise you can monitor.”
Howard said the bylaw would deal only with clearly audible sounds “because it’s hard to determine what level of noise is harmful and scientists can’t even agree on that yet.”

Read the full story here.

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Coalition forming to create new nuisance noise bylaw

30 Thursday Jan 2014

Posted by ottawawindconcerns in Health, Ottawa, Wind power

≈ 1 Comment

Tags

environmental noise wind farms, Kincardine, noise bylaw, noise wind farms and health effects, Ottawa, wind turbine noise

Several Ontario municipalities have been discussing the possibility of creating a bylaw for the benefit of all communities with wind power generation projects, so their residents may be protected against the environmental noise and low frequency vibration produced by the turbines.

The Ontario Ministry of the Environment is supposed to be monitoring the noise from wind power projects, but as was disclosed to the Environmental Review Tribunal hearing the appeal of the Samsung-Pattern Armow project, the Ministry’s position is that the wind power developers’ computer modelling for the turbines must be correct, so if they receive complaints for a project that therefore incapable of producing noise over the regulated limits, they don’t even investigate.

Worse, noise complaints go to the “Spills Line” which was really set up for ordinary environmental spills into air and water and on land, and the complaints are kept at the district level—they NEVER go to head office in Toronto for analysis and action.

So, while the municipalities are fighting to regain local land use planning control, they are also seeking ways to protect. Kincardine Council voted this week to begin the coalition of municipalities.

Question: do you think Ottawa should join? Email us at ottawawindconcerns@gmail.com

Kincardine backs plan to form coalition, create noise nuisance bylaw

Municipality seeking legal advice on how to move forward
Section:

29/01/2014, 04:42

By Barb McKay

Kincardine will support forming a coalition with other municipalities to develop a noise nuisance bylaw and plans to contribute $30,000 over two years to help make it happen.

It was the third time in as many weeks that council debated the idea of joining forces with other municipalities to come up with a bylaw that regulate industrial noise, including that from wind turbines, in rural areas. Last Wednesday council finally reached a concensus and approved two motions to support the plan, first presented by Warren Howard on behalf of Huron-Kinloss Against Lakeshore Turbines (HALT) on Jan. 8. That group indicated it will cost an estimated $300,000 to develop the bylaw and defend it in court.

The first motion, introduced by councillor Ken Craig, called on municipal staff to get legal advice on joining the coalition and developing the noise nuisance bylaw.

“If it’s a great idea you wonder why it hasn’t been done one hundred times before, and maybe it has,” said Craig.

He said before council agrees to join the coalition he would like to understand if there are any liabilities associated with doing so.

Councillor Jacqeline Faubert said coalitions have been formed many times in Ontario to deal with different issues. She pointed to Kincardine’s plans to form a municipal services corporation with Huron-Kinloss Township and Arran-Elderslie Township for the natural gas project as a prime example.

Deputy mayor Anne Eadie questioned if council would be putting the cart before the horse by seeking legal advice before it was determined if a coalition would even before formed.

“I agree that we need to consult a lawyer, but without an agreement from other municipalities we don’t have anything to take to a lawyer,” she said.

Councillor Randy Roppel said he supported the municipality seeking legal advice, but that it might be more make sense to do so as a coalition, rather than having 20 municipalities individually talk to a lawyer.

“I think we will need our own legal advice either way,” Kraemer said, and council agreed.

The second motion, introduced by Faubert, directs council to strongly support forming a coalition to draft a generic noise nuisance bylaw and to pledge $15,000 annually for two years to fund the coalition, which will include legal costs to test the bylaw out in court. The funds are conditional on other municipalities committing funds to the endeavor; the creation of a memorandum of understanding signed by other coalition members; and a plan to move the process forward.

“The courts have ruled in Ontario that noise and nuisance are legitimate municipal matters,” Faubert said. “I’ve been empowered by the ratepayers and this is a chance to do something. I feel very optimistic about this.”

Councillor Ron Coristine asked for a friendly amendment to the motion to add a communication protocol for participating municipalities to the memorandum of understanding, and council agreed.

Councillor Maureen Couture said by Kincardine putting its money where its mouth is, it may encourage other municipalities to join the coalition. But, she added, she would be more comfortable pledging funds for one year to avoid committing the next council to providing the money. Roppel said the next council could choose not to allocate the funds if it didn’t want to.

Councillor Candy Hewitt said the process to create the bylaw and have it go through the court system will in all likelihood take more than a year and it would be appropriate to commit funds for two years.

“It’s something at the ground level that shows that we really are trying to do something with the little power that we have to effect change,” she said.

Mayor Larry Kraemer said he was concerned that pledging $15,000 per year would scare off smaller municipalities who would like to participate but may assume they would have to contribute the same amount. He said he believes it will take at least 100 municipalities to have an impact.

Council voted in favour of both motions. Municipal staff is expected to bring a report back to council with legal advice regarding joining the coalition by Feb. 19.

 

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