(a)

Intent and purpose. The purpose of this section is to establish guidelines for siting wind turbines and wind energy facilities. This section's goals are as follows:

(1)

To promote the safe, effective, and efficient use of wind turbines and wind energy systems installed to reduce the on-site consumption of electricity supplied by utility companies.

(2)

To lessen potential adverse impacts wind turbines and wind energy facilities may have on residential areas and land uses through careful design, siting, noise limitations, and innovative camouflaging techniques.

(3)

To avoid potential damage to adjacent properties from turbine failure through engineering and proper siting of turbine structures.

(b)

Permitted uses.

(1)

Permitted accessory use. Each parcel of property may contain one of the following which shall be considered a lawful accessory use in all zoning districts:

a.

One TMT, up to 60 feet in height.

b.

One WECS, up to 60 feet in height that primarily provide energy to the site on which the system is located.

c.

One roof-mounted WECS, per building, with a maximum rotor blade diameter of seven feet.

(2)

Special land use. All Commercial WECSs regardless of height, WECSs or TMTs with a height of 60 feet or more, up to a maximum height of 200 feet and buildings with more than one roof mounted WECS shall be permitted as a special land use in the AG Agricultural, B-1 Highway Service, I-1 Light Industrial and I-2 Heavy Industrial zoning districts and shall be subject to the provisions of section 46-6.

(c)

Application.

(1)

Application process. The following information shall be provided with all applications for WECS's and TMTs.

a.

Applicant information. Name, address, and contact information.

b.

Legal description. A legal description of the property on which the system would be located.

c.

Plot plan and documentation. The plot plan shall include maps showing the physical features and land uses of the project area, both before and after construction of the proposed wind energy system. The plot plan shall include:

1.

The project area boundaries.

2.

The location, height, and dimensions of all existing and proposed structures and fencing.

3.

Distance of proposed structure from all property lines and permanent structures.

4.

The location and dimensions of all temporary and permanent access roads.

5.

All new infrastructure above ground related to the project.

6.

The location of all overhead utility wires.

d.

Additional documentation.

1.

Insurance. Proof of the applicant's appropriate liability insurance.

2.

Sound pressure level. Documentation of the manufacturers designed sound pressure levels (decibels) for unit to be installed.

3.

Certifications. Certification that applicant has complied or will comply with all applicable state and federal laws and regulations.

4.

Grant of authority. The applicant shall provide evidence of ownership of the land which the WECS or TMT is to be located and the written consent of the land owner if different from the applicant. If the applicant is leasing land the applicant shall provide a copy of the lease agreement and the land owner s written authorization for the applicant to construct the structure.

(d)

Standards and requirements. All WECSs and TMTs shall comply with the following standards and requirements:

(1)

Property setbacks.

a.

The distance between a freestanding WECS or TMT and the nearest property line shall be at least the 1½ times the height of the WECS or TMT.

b.

No part of a freestanding WECS or TMT structure, including guy wire anchors, may extend closer than ten feet to the owner's property line.

(2)

Height.

a.

Freestanding WECSs and TMTs shall have a height not greater than 200 feet.

b.

Roof-mounted WECSs shall not exceed a height of 15 feet above the height limited for the district in which it is located.

c.

Height shall be measured from the existing grade to the tip of the turbine blade at its highest point.

d.

The applicant shall demonstrate compliance with all FAA lighting regulations and the Michigan Tall Structures Act as part of the approval process, if applicable.

(3)

Location and other required setbacks.

a.

No freestanding WECS or TMT shall be located within a front yard of any residential, commercial, or office zoning district.

b.

Roof-mounted wind energy systems shall be setback from the building edge a distance equal to one-half the diameter of its rotor and blades. No portion of any roof-mounted wind energy system's blades, rotor, or other exposed moving part shall extend beyond the edge of the building to which it is attached, or to within 20 feet of any outdoor surfaces that are located directly below the system and intended for human occupancy, such as balconies or rooftop patios.

c.

The distance between a WECS or temporary meteorological tower and a road or a public right-of-way shall be at least 1.5 times the height of the WECS or TMT.

d.

Distance between. The distance between a WECS and any other WECS shall be at least 1½ times the height of the taller of the two WECS.

(4)

Noise.

a.

Audible noise or the sound pressure level of a WECS or TMT shall not exceed 55 decibels at any property line.

b.

No WECS or TMT shall create, regardless of decibel levels, any ticking, squeaking, humming, or other sound which disturbs the peaceful enjoyment of adjacent properties.

c.

The noise and sound pressure levels may be temporarily exceeded during short-term events such as utility outages and/or severe wind storms.

(5)

Lighting. WECS and TMT shall not be artificially lighted unless required by the FAA or other applicable authority. Where FAA lighting is required, minimum FAA lighting standards shall not be exceeded. All FAA lighting shall be shielded to the extent possible to reduce glare and visibility from the ground. The tower shaft shall not be illuminated unless required by the FAA.

(6)

Shadow flicker. The applicant shall conduct an analysis of potential shadow flicker. The analysis shall identify the locations of shadow flicker that may be caused by the project and the expected durations of the flicker at these locations from sun-rise to sun-set over the course of a year. The analysis shall identify all areas where shadow flicker may affect occupants or users of the structures or properties. The analysis shall describe measures that will be taken to eliminate or mitigate adverse effects.

(7)

Vibrations. No WECS or TMT shall produce vibrations through the ground that are humanly perceptible beyond the parcel on which it is located.

(8)

Construction codes, towers, and interconnections standards.

a.

WECS and TMT shall comply with all applicable state construction codes and local building permit requirements.

b.

WECS and TMT shall comply with Federal Aviation Administration requirements, the Michigan Airport Zoning Act (PA 23 of 1950), the Michigan Tall Structures Act (PA 259 of 1959), and any other applicable state or federal laws or regulations.

c.

A WECS that is tied to the electrical grid shall comply with state public service commission and utility interconnection requirements.

(9)

Safety.

a.

Design safety certification. The safety of the design of every WECS or TMT shall be certified by the applicant's professional engineer registered in the state and reviewed by the city. The standard for certification shall be included with the permit application. If WECS or TMT construction is approved, the professional engineer shall certify that the construction and installation of the WECS or TMT meets or exceeds the manufacturer's construction and installation standards, and any applicable state and federal laws, and regulations prior to operation.

b.

Controls and brakes. Every WECS or TMT shall be equipped with manual and automatic controls/braking systems to limit rotation speeds to the designed limits of the WECS or TMT. The applicant's professional engineer must certify that the rotor and over speed control design and fabrication conform to applicable design standards. No changes or alterations from certified design shall be permitted unless accompanied by a professional engineer's statement of certification approved by the city.

c.

Lightning. Every WECS or TMT shall have lightning protection.

d.

Guy wires. If a TMT is supported by guy wires, the wires shall be clearly visible to a height of a least six feet above the guy wire anchors. All permanent WECS must be of a freestanding monopole design and guy wires shall not be used.

e.

Grade clearance. The minimum vertical blade tip clearance from grade shall be 20 feet for any WECS or TMT employing a horizontal axis rotor.

f.

Ice throw. Every WECS or TMT shall be designed so that ice throw or ice shedding does not cross the property lines of the site or impinge on any right-of-way or overhead utility line.

g.

Interference. Every WECS shall be designed and operated to minimize or mitigate interference with existing electromagnetic communications, such as radio, telephone, microwave, or television signals.

h.

Climb prevention. Every WECS or TMT must be protected by anti-climbing devices such as:

1.

Fences with locking portals at least eight feet high;

2.

Anti-climbing devices 12 feet from base of pole; and

3.

Anchor points for TMT guy wires shall be enclosed by a six foot high fence or shall be located within the confines of a yard that is completely fenced.

i.

Warnings. A visible warning sign of high voltage shall be placed at the base of every commercial WECS. The sign must have at least six-inch letters with three-quarter-inch stroke. Such signs shall be located a maximum of 300 feet apart and at all points of site ingress and egress. In addition to warning signs and signs required by law, every Commercial WECS shall be equipped with a sign containing owner identification and contact information. No other signs or advertising are permitted.

(e)

Appearance. All WECSs and TMTs shall comply with the following standards and requirements:

(1)

All permanent freestanding WECSs must be of monopole design and guy wires shall not be used.

(2)

Color. Towers and blades shall be painted a non-reflective neutral color designated on the application and approved by the city or as otherwise required by law.

(3)

Visual appearance; power lines. The design of the WECS buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend WECS components with the natural setting and existing environment. The electrical collection system shall be placed underground within the interior of each parcel at a depth designed to accommodate any existing land use to the maximum extent practicable. The collection system may be placed overhead adjacent to public roadways, at points of interconnection to the electric grid or in other areas as necessary.

(f)

Abandonment and removal. The following regulations shall apply to all WECSs and TMTs:

(1)

A WECS or TMT that has not been used in 12 consecutive months shall be deemed to have been abandoned. The zoning administrator shall issue a notice of abandonment to the owner of a WECS or TMT that is deemed to have been abandoned, giving the owner 30 days to respond. If the owner provides information demonstrating that the system has not been abandoned and is still in compliance with all requirements of this chapter and the building code, the notice of abandonment shall be withdrawn. If the tower is determined to be abandoned, the owner shall be given 60 days to remove the WECS or TMT. If the owner fails to comply, the zoning administrator shall have the WECS or TMT removed at the owners expense.

(2)

The city may require that a tower be removed in accordance with the above standards if any portion of the system becomes a nuisance, is damaged or is in any way deemed to detrimental to the public health, safety, and welfare as determined by the city building inspector.

(g)

Insurance and maintenance. The following requirements shall apply to all WECSs and TMTs:

(1)

Liability insurance. The owner or operator of a commercial WECS shall maintain a current commercial liability and property damage insurance policy with coverage limits acceptable to the city pertaining to installation and operation of the commercial WECS. The amount and terms of the policy shall be established as a condition of special land use permit approval. The city and land owner shall be named as additional insured. Certificates of insurance shall be provided to the city annually.

(2)

Annual inspection; maintenance. The WECS and surrounding area shall be maintained in accordance with industry standards including painting and landscaping. Every commercial WECS must be inspected annually by an authorized factory representative or professional engineer to certify that the WECS is in good working condition and is not a hazard to persons or property. Certification records shall be submitted annually to the city.

(Ord. No. 527, § 1, 5-10-2010)