(A)   The purpose of this subchapter is to establish regulations for wind energy systems with the intention to strike an appropriate balance for the need for clean, renewable energy resources and the necessity to protect the health, safety and welfare of the general public.

   (B)   This subchapter shall set standards for private onsite wind energy systems designed to serve the needs of a home, small business or farm.

   (C)   The distribution of energy to an off-site customer is prohibited.

(Ord. 11-001, passed 1-18-2011)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   BLADE GLINT. The intermittent reflection of the sun off the surface of the blades of a wind turbine.

   COUNTY. The County of Saginaw.

   FAA. The Federal Aviation Administration.

   HUB HEIGHT. When referring to a wind turbine, the distance measured from the ground level to the center of the turbine hub.

   INHABITED STRUCTURE. A permanent building existing prior to the installation of a wind energy conversion facility, which is used for human or animal habitation.

   KILOWATT. A unit of electricity equal to 1,000 watts.

   MET (ANEMOMETER) TOWER. A tower, including any anchor, base, base plate, boom, cable, electrical or electronic equipment, guy wire, hardware, indicator, instrument, telemetry device, vane or wiring, that is used to collect or transmit meteorological data, including wind speed and wind flow information, in order to monitor or characterize wind resources for a wind site assessment for possible installation of wind energy conversion facilities or on-site wind energy systems.

   MICHIGAN TALL STRUCTURE ACT (Pub. Act 259 of 1959, being M.C.L.A. §§ 259.481 to 259.493). Governs the height of structures in proximity to airport related uses and is included as a standard of this chapter by reference.

   NET ENERGY CONSUMPTION. The amount of energy delivered by the utility and used by the customer, minus the amount of energy generated by the customer and delivered to the utility.

   NET METERING. An accounting mechanism in which electric utility customers who generate a portion or all of their own electricity needs are billed by their utility for only their net energy consumption during each billing period. NET METERING is allowed for turbines producing less than 30 kilowatts.

   NON-PARTICIPATING PROPERTY. Real property that has no wind energy system.

   ON-SITE SMALL WIND ENERGY SYSTEM. A small electricity-generating system consisting of one, but not more than two, wind turbine systems sized primarily to serve the needs of the on-site consumer for a home, farm or small business, on whose property they are constructed and not intended to distribute electricity to a customer or customers, but may be inter-connected to a public utility.

   OWNER. The person/entity that owns a wind energy system or met tower.

   ROTOR. An element of a wind energy system that acts as a multi-bladed airfoil assembly, thereby extracting through rotation, kinetic energy directly from the wind.

   SHADOW FLICKER. A repeating cycle of changing light intensity when shadows caused by rotating blades of a wind turbine pass over an object or across a window.

   SOUND PRESSURE LEVEL. The level of sound produced by the rotating blades of a wind energy system; the spinning generator; and the moving gears as measured in dBA from a property line, specific location or distance.

   STRAY VOLTAGE. Any voltage or current existing between two points, where none is expected which may be contacted by persons, animals and/or equipment.

   TOTAL HEIGHT. Includes the height of the tower including the rotor radius measured at the top of its blade in the vertical position.

   TOWNSHIP. The Township of Kochville.

   WIND ENERGY FACILITY SITE PERMIT. A permit issued upon compliance with the standards of this subchapter.

   WIND ENERGY FACILITY SITE PLAN REVIEW. The process used to review a proposed wind energy facility.

   WIND TURBINE. A wind energy conversion system which converts wind energy into electricity through the use of a wind turbine generator, and includes the turbine, blade, tower and base and pad transformer, if any. A WIND TURBINE, by definition, shall include a horizontal axis wind turbine (HAWT) and/or a vertical axis wind turbine (VAWT).

(Ord. 11-001, passed 1-18-2011)

   An on-site wind energy system shall be considered an accessory use for all systems designed to serve the needs of the individual owner. On-site wind energy systems shall not be considered an expansion of a non-conforming use or structure.

(Ord. 11-001, passed 1-18-2011)

   A single or combination of not more than two wind turbine generators sized to serve the needs of the on-site consumer for a home, farm or small business shall be a permitted use in all districts where the parcel size is one acre or larger, and shall not be considered a special use where the wind turbine is ten kW or less of rated capacity and the wind tower is 75 feet or less in total height. The approvals may be administratively given subject to meeting the requirements of this chapter. Where a wind turbine is greater than ten kW of rated capacity and/or greater than 75 feet in total height, the wind turbine shall be considered a special use approval. A wind energy system shall not exceed a total height of over 150 feet. Where a vertical axis wind turbine (VAWT) may be used or may be mounted on a roof, not exceeding a total height of 35 feet above ground level, the Planning Commission may approve the installation where a parcel is less than one acre in size as long as the turbine meets the required setback from the property lines.

(Ord. 11-001, passed 1-18-2011)

   (A)   General. A wind energy system shall not be located, constructed, erected, altered or used without first submitting a site plan for zoning approval and obtaining a wind energy sitting permit where the approval may be administratively given, or as may be required as a special use approval.

   (B)   Siting and special use fees.

 

 

(Ord. 11-001, passed 1-18-2011; Res. 11-002, passed 1-18-2011)

   (A)   The following information, in addition to information as required and as may be applicable for site plan review under §§ 155.330 through 155.335 must be submitted as part of the site plan review for wind energy system(s) of rated capacities of more than ten kW and/or for systems over 75 feet in total height. The following, as applicable, shall also be submitted for MET towers:

      (1)   Survey of the property showing property boundaries and existing features such as land contours, large trees, buildings, structures, roads (rights-of-way), utility easements, land use, zoning district, ownership of property and vehicular access;

      (2)   Plan(s) showing the proposed location and number of turbine towers, underground and overhead wiring (including depth of underground wiring), access roads (including width) substations and accessory structures;

      (3)   Photo exhibits visualizing the proposed wind energy system;

      (4)   Stamped and signed drawings from a state licensed structural engineer providing the details of the foundation and anchoring system as recommended by the manufacturer. A description of the wind energy system(s) height and design, including cross section, elevation and diagram of the foundation and anchoring system; the Planning Commission and/or the Zoning Administrator or Building Official may require a soil analysis to determine the suitability of the proposed location;

      (5)   Supporting documentation shall be submitted, where required, indicating that the applicant has received approval to install a wind energy system(s) under state, federal and local laws and regulations, including Federal Aviation Administration (FAA), the Michigan Tall Structures Act (Pub. Act 259 of 1959, being M.C.L.A. §§ 259.481 et seq.), the Michigan Airport Zoning Act (Pub. Act 23 of 1950, being M.C.L.A. §§ 259.431 et seq.), and state and local building codes. The FAA will issue a signed statement when the precise location(s) has been determined. Building permits will not be issued prior to receiving all signed statements, but a special use permit may be granted. Where a wind energy system does not require state or federal approval, construction permits may be issued; and

      (6)   A certificate of insurance with a minimum of $1,000,000 liability coverage per incidence, per occurrence shall be required. An expired insurance certificate or an unacceptable liability coverage amount is grounds for revocation of the use permit.

   (B)   Information required as part of an administrative site plan review for a wind energy system with a rated capacity of ten kW or less, and 75 feet or less in total height.

      (1)   A site plan at an appropriate scale showing the proposed location of the wind energy system, and any structures;

      (2)   Standard drawings of the wind turbine structure including the tower, base, footings, cross-section and connection and certification of the tower and turbine showing compliance with applicable building codes and recognized standards;

      (3)   Plan(s) showing the proposed location of turbine tower(s), underground wiring (including depth of underground wiring), access road, if any, and accessory structures;

      (4)   Documentation from the manufacturer, including full specifications and manufacturer recommended installation procedures;

      (5)   Proof of applicants public liability insurance; and

      (6)   Any other documentation to the satisfaction of the Zoning Administrator to ensure the health, safety and welfare of the residents of the township.

(Ord. 11-001, passed 1-18-2011)

   The total height of a wind turbine shall not exceed 150 feet. Due to the proximity of MBS International Airport, the applicant shall demonstrate compliance with the State Tall Structure Act (Pub. Act 259 of 1959, as amended, being M.C.L.A. §§ 259.481 et seq.) and FAA guidelines as part of the approval process, when required by the Act.

(Ord. 11-001, passed 1-18-2011)

   The following shall be included and/or be utilized as standards when preparing, submitting and reviewing an application for a wind energy facility. A site plan that differs from these standards can be approved only upon the review of the Planning Commission and approval from the Township Board that the modification is in the best interest of the township and the applicant. The things that will be considered in addition to the site plan are as follows.

   (A)   Setbacks, separation and security. The minimum setback distance between the wind turbine tower and all surrounding property lines, overhead utility or transmission lines, other wind turbine towers, electrical substations, meteorological towers, public roads and dwellings (other than the owner), shall be equal to no less than one and one-fifth times the sum of the tower height at its hub and the rotor radius measured at the top of its blade in the vertical position. No part of the wind energy system structure, including any guy wire anchors, may extend closer than ten feet to the owner's property lines.

   (B)   Sound pressure levels. Individual wind turbine towers shall be located so that the level of noise produced by the wind turbine operation shall not exceed 50 db(A), measured at any site from the property line; except that, the level of noise generated by a wind turbine operation may exceed 50 db(A) during short-term events such as power outages and severe wind storms. If the tower is installed in an area of already higher sound levels, the ambient sound level, plus five db(A) shall be used.

   (C)   Minimum ground clearance. The vertical distance from the ground level to the tip of a wind generator blade on a wind turbine, when the blade is at its lowest point must be at least twenty 25 feet unless otherwise approved by the Planning Commission. This section shall not apply to a vertical axis wind turbine system where the system is mounted on the roof of a structure.

   (D)   Shadow flicker and blade glint. Wind turbines shall be sited such that shadow flicker will not fall directly on a receptor. Depending on the size of the system, tower height and proximity to surrounding properties and inhabitable structures, the Zoning Administrator may request documentation describing measures that shall be taken to eliminate or mitigate any shadow flicker concerns. Rotor blades shall have a non-reflective finish to prevent blade glint.

   (E)   Safety. A wind energy system shall have braking, governing or feathering system to prevent uncontrolled rotation or over speeding. All wind towers shall have lightning protection. All ground mounted electrical and control equipment must be labeled and secured to prevent unauthorized access. A tower may not have step bolts or a ladder within eight feet of the ground that is readily accessible to the public. The wind energy system shall be properly grounded in accordance with the manufacturer's installation procedures to allow stray voltage to enter the surrounding ground. The system shall be checked and verified prior to placing the system in service.

(Ord. 11-001, passed 1-18-2011)

   The applicant(s) of all wind turbine systems, including towers, shall comply with all applicable state construction and electrical codes and local building permit requirements. The owner must have received the required inspections from a state licensed inspector showing that the wind energy system complies with all applicable codes before placing it into operation. Interconnected (on-grid) systems must comply with all standards set by the State Public Service Commission.

(Ord. 11-001, passed 1-18-2011)

   (A)   The applicant of a wind energy system shall notify the township upon the removing of a wind energy system. All electrical connections between the system and the electrical system of the home, farm or business shall be inspected by the township to ensure the connection to the utility company system has been properly removed.

   (B)   The applicant shall be responsible for notifying the utility company of the removal of the system.

(Ord. 11-001, passed 1-18-2011)

   The following construction codes, standards and state and federal regulations are applicable to this chapter by reference and all wind energy systems sited within the township shall comply with these standards and Federal Aviation Administration requirements:

   (A)   State Airport Zoning Act (Pub. Act 23 of 1950, being M.C.L.A. §§ 259.431 et seq.);

   (B)   State Tall Structures Act (Pub. Act 259 of 1959, being M.C.L.A. §§ 259.481 et seq.);

   (C)   State Public Service Commission standards for inter-connection;

   (D)   Federal Energy Regulatory Commission standards;

   (E)   State Building Code of 2006;

   (F)   National Electrical Code of 2005; and

   (G)   State Residential Code of 2006.

(Ord. 11-001, passed 1-18-2011)