Montrose Charter Township
City Zoning Code

   (B)   The Planning Commission shall comply with the requirements of § 153.427.

   (C)   Following the public hearing, the Planning Commission shall consider the special land use permit applications. The decision rendered by the Planning Commission on the special land use permit application shall be accompanied by a clear explanation of the reason for the action taken and shall be based on the criteria in this chapter. Any permit issued shall contain all the specified conditions under which the use is allowed. Only upon approval of the Planning Commission shall a special land use permit be issued by the administrative official.

   (D)   (1)   A special land use permit issued under this section runs with the land.

      (2)   However, if construction has not commenced and proceeded meaningfully toward completion by the end of this 1-year period, the administrative official shall notify the applicant in writing of the expiration or the revocation of the permit.

      (3)   If an activity permitted by a special land use permit is discontinued for a period of 1 year, the permit is expired.

   (E)   (1)   The Planning Commission may revoke any special land use permit if the structure or use does not comply with any of the conditions stated on the permit or imposed at the time of special land use approval.

      (2)   The Planning Commission shall consider the revocation of a special land use permit at a public hearing on the revocation following the same notice requirements as required for issuance of a special land use permit.

      (3)   After revocation notice has been given, the use for which the permit was granted must cease within 60 days.

   (F)   (1)   Failure to terminate the use for which the permit was granted within 60 days is declared to be a nuisance per se and a violation of this chapter.

      (2)   The violation shall be reported to the Township Attorney who is hereby authorized to, and shall initiate procedures to eliminate the violations.

   (G)   No application for a special land use permit which has been denied wholly or in part by the Planning Commission shall be resubmitted until the expiration of 1 year or more from the date of the denial, except on the grounds of newly-discovered evidence or proof of changed conditions.

(Ord. 99, passed 11-18-1996, § 16.03; Am. Ord. 157, passed 7-17-2007 ) Penalty, see § 153.999

      (1)   Escrow and fee. An escrow account in the form of a cash deposit of not less than $15,000 or such other amount estimated by the Township Board, shall be set up when the applicant applies for a special use permit. The deposit shall be sufficient to cover all reasonable costs and expenses associated with the special land use zoning review and approval process, which costs can include, but are not limited to, fees of the Township Attorney, Township Planner, and Township Engineer, as well as any reports or studies which the township anticipates it may have done related to the zoning review process for the particular application. Such escrow amount shall include regularly established fees. At any point during the zoning review process, the township may require that the applicant place additional monies into the township escrow should the existing escrow amount filed by the applicant prove insufficient. If the escrow account needs replenishing and the applicant refuses to do so within 14 days after receiving notice, the zoning review and approval process shall cease until and unless the applicant makes the required escrow deposit. Any escrow amounts which are in excess of actual costs shall be returned to the applicant within 90 days of permitting process completion. The township may hire qualified professionals for each and any of the technical fields associated with the special use permit, such as, but not limited to, engineering, electrical, environmental, economic, wildlife, health, and land use.

         (a)   Applicant name and address in full, a statement that the applicant is the owner involved or is acting on the owner’s behalf, and any additional contact information as necessary.

         (b)   Each application for a solar energy system shall also be dated to indicate the date the application is submitted to Montrose Township.

         (c)   The applicant, operator, and/or owner is required to place an identification placard on site of the SES with their company name, address, a contact name, and a contact phone number for the life of the project.

      (3)   Commercial solar energy systems shall be limited and subject to obtaining a special land use permit from the Planning Commission in AG, RF, C-2, I-1, and I-2 zoning districts.

      (4)   Freestanding or ground-mounted solar energy systems shall be restricted to a height of 14 feet at maximum tilt.

      (5)   All solar energy systems shall have the following setbacks. See Diagram 1 for divisions (a) through (c) below. Setback distances shall be from the adjacent lot line or road right-of-way line to the proposed perimeter fencing around the solar energy system.

         (a)   Front yard and/or road right-of-way: 200 feet;

         (b)   Side yard: 50 feet;

         (c)   Rear yard: 50 feet;

         (d)   Dwelling unit:

            1.   500 feet from the closest side and rear walls of a dwelling unit on an adjoining property.

            2.   No solar energy system shall be placed between the closest point of a dwelling unit and the road right-of-way line on the same lot as the dwelling unit and the adjacent lots extending the width of the setback area defined above in division (5)(d), see Diagram 2.

         (e)   Internal property lines: A SES is not subject to property line setback requirements for common property lines of two or more participating parcels, except road right-of-way setbacks shall apply.

      (6)   (a)   Commercial solar energy systems are not subject to any maximum lot coverage restrictions, however any other regulated structures located on the parcel are subject to the maximum lot coverage restrictions for the zoning district in which it is located.

            1.   The project area boundaries.

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

            3.   The location, grades, and dimensions of all temporary and permanent on-site and access roads from the nearest county- or state-maintained road.

            4.   Existing topography.

            5.   Water bodies, waterways, wetlands, drainage channels, and drain easements.

            6.   A site grading, erosion control and storm water drainage plan. The plans will be reviewed by the township’s engineering firm at the applicant’s cost.

            7.   Proposed setbacks to all existing structures adjacent to the solar energy system.

            8.   All new infrastructure, both above and below ground, related to the project. This includes inverters and batteries.

            9.   Identification and site plan of a construction/set-up/laydown area.

            10.   Landscape/screening plan detailing all proposed changes to the landscape of the site, including temporary or permanent roads or driveways, grading, vegetation clearing, and planting.

         (a)   A security fence shall be placed around the perimeter of a commercial solar energy system and the electrical equipment shall be locked. The fence shall be located between the solar array and the landscaping buffer. The fence shall meet the minimum requirements of the National Electrical Code requirements. If deemed appropriate, the Planning Commission can require specific fencing as needed. Knox boxes and keys shall be located at locked entrances, not on the fence for emergency personnel access.

         (b)   The manufacturers or installer’s identification and appropriate warning sign shall be posted on or near the panels in a clearly visible manner; furthermore, an information sign shall be posted and maintained at the entrance(s), which shall list the name and phone number of the operator.

         (c)   No portion of the solar energy system shall contain or be used to display advertising. The manufacturers’ name and equipment information or dedication of ownership shall be allowed on any equipment of the solar energy system.

         (a)   Land clearing of natural vegetation shall be limited to that which is necessary for the construction, operation, and maintenance of the solar energy system per practices of best management of natural areas or good husbandry of the land or forest other prescribed by applicable laws, regulations, and bylaws.

         (b)   Landscaping shall consist of a minimum 20-foot-wide, vegetated greenbelt around the entire perimeter of the facility. Such greenbelt shall be adjacent to and outside of any perimeter fencing associated with the facility. Landscaping within the greenbelt shall consist of 70% evergreen trees and 30% deciduous trees of a minimum of 6 feet in height at the time of planting. All plantings shall be native species. All trees shall be planted a minimum of 10 feet on center and have a minimum projected height of 20 feet. Existing vegetation within the greenbelt may be used as a substitute for the required plantings, upon approval of the Planning Commission. A landscape berm, a minimum of 3 feet high to assist in screening may be required. The requirement of providing a berm will be recommended and approved by the Planning Commission.

         (c)   Each owner/operator of a solar energy system shall utilize good husbandry techniques with respect to said vegetation, including but not limited to, proper pruning, proper fertilizer, and proper mulching, so that the vegetation will reach maturity as soon as practical and will have maximum density in foliage. Dead or diseased vegetation shall be removed and must be replanted at the next appropriate planting time. Plants or grasses not part of landscaping shall be maintained by the facility operator not to exceed 12 inches in height.

         (d)   Applicant must provide a detailed landscape maintenance plan for the proposed solar energy system and surrounding area. The plan shall include a ground cover and vegetation establishment and management plan and include provisions that will be employed to maintain and promote native vegetation while minimizing the proliferation of weeds during and following construction.

         (e)   The Planning Commission may alter the landscaping requirement depending upon the location of existing plant material on site.

         (a)   Farmland and Open Space Preservation Program (Part 361 of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994 as amended, more commonly known as PA 116), and with applicable parts of the Michigan Natural Resources and Environmental Protection Act (Act 451 of 1994, M.C.L.A. § 324.101 et seq.) including but not limited to Part 31 Water Resources Protection (M.C.L.A. § 324.3101 et seq.), Part 91 Soil Erosion and Sedimentation Control (M.C.L.A. § 324.9101 et seq.), Part 301 Inland Lakes and Streams (M.C.L.A. § 324.30101 et seq.), and Part 303 Wetlands (M.C.L.A. § 324.30301 et seq.).

         (b)   The applicant shall be responsible for making repairs to any public roads, drains and infrastructure damaged by the construction or operation of the solar energy system. The applicant/owner will be required to enter into a road use agreement and/or drain use agreement with the County Road Commission or Drain Commission for post-construction repairs, if required by these agencies.

         (c)   Copies of all such permits and approvals that have been obtained or applied for at the time of the application.

            1.   A legal description and parcel identification numbers of the of the property of properties on which the project will be located.

            2.   Location and height of all proposed above-ground structures and utilities associated with the SES, including horizontal- and vertical-scaled drawings with dimensions that show the location of the of the proposed SES facility.

            3.   A description of the proposed technology to include the type of solar panels and system, number of panels, angles of orientation, rated power output, performance, safety, and the name and address of the of the manufacturer and model.

            4.   Identify the anticipated construction schedule, project life, development phases, likely markets for the generated energy, and possible future expansions;

         (b)   Analysis of onsite traffic and a plan that identifies the routes intended for use in connection with the development, construction, operation, and maintenance of the SES;

         (c)   Estimated construction jobs, estimated permanent jobs associated with the development;

         (d)   Review and demonstrate the visual impact of the proposed project from a minimum of 5 viewpoints at the time of commercial operation, projected after 5 years and 10 years post- construction. The visual simulations shall use photos or renditions of the project with consideration given to tree plantings and setback requirements;

         (e)   Review and demonstrate any potential impact on wildlife on the site;

         (f)   Identify any impact on the water quality and water supply in the area, any storm water discharge concerns from the property, and any dust concerns generated from project activities during construction and for the life of the project;

         (g)   Identify any solid waste or hazardous waste generated by the project.

         (a)   Provide lighting plans showing all lighting within the facility. No light may adversely affect adjacent parcels. All lighting must be shielded from adjoining parcels, and light poles are restricted to 18 feet in height.

         (b)   All solar energy systems shall be placed such that solar glare does not project onto nearby inhabited structures or roadways and be considered a nuisance.

         (c)   Solar facilities should be sited and designed properly to eliminate glint and glare effects on roadway users, nearby residences, commercial areas, or other highly sensitive viewing locations, or to reduce them to the lowest achievable levels. The applicant will provide a glint and glare study which accurately assesses and quantifies potential glint and glare effects and to determine the potential health, safety, and visual impacts associated with proposed project.

         (d)   The design and construction of solar energy facilities shall not produce light emissions, either direct or indirect (reflective), that would interfere with airline pilot vision and/or traffic control operations.

         (e)   If the design of the project produces light or glare on neighboring homes or businesses, the owner shall mitigate that glare by curtailment.

      (14)   Provide site access plan during construction and operation phases. Show proposed project service road ingress and egress access onto primary and secondary routes, layout of the plant service road system. Due to infrequent access to such facilities after construction is completed, it is not required to pave or curb access drives. It will be necessary to pave any driveway and parking lots used for occupied offices that are located on site.

      (15)   Identify emergency and normal shutdown procedures. Identify potential hazards to adjacent properties, public roadways, and to the community in general that may be created.

      (16)   Identify any electromagnetic fields and communications interference generated by the project.

         (a)   Explains routine maintenance to solar panels and facility.

         (b)   Demonstrates the SES will be designed, constructed, and operated to minimize dust generation, including the provision of sufficient watering of excavated or graded soil during construction to prevent excessive dust.

         (c)   States the manner in which unpaved access roads will be treated and maintained, either with a dust palliative or graveled or treated by another approved dust control method to prevent excessive dust.

         (d)   Provisions that will be employed to maintain and promote native vegetation while minimizing the proliferation of weeds during and following construction. A record of mowing and the height of vegetation/grass following each cutting shall be recorded in the maintenance log described below.

         (e)   If a SES is not maintained in operational and reasonable condition or poses a potential safety hazard, the owner shall take expeditious action to correct the situation, including SES removal, as necessary.

         (f)   The owner shall keep a maintenance log on each SES and must provide a complete log to the township annually within 30 days of request.

         (a)   The solar energy system owner or operator shall provide a copy of the project summary, electrical schematic, and as-built site plan to the local fire chief. The owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked.

         (b)   The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

         (a)   The applicant shall develop a process to resolve complaints from nearby residents concerning the construction or operation of the project. All complaints shall be acknowledged within 10 days of receipt of such complaint and the township supervisor shall also be notified of each complaint. The process may use an independent mediator or arbitrator and shall include a time limit for acting on a complaint. The process shall not preclude the local government from acting on a complaint.

         (b)   During construction, the applicant shall maintain and make available to nearby residents a telephone number where a project representative can be reached during normal business hours.

         (c)   A report of all complaints and resolutions to complaints shall be filed with the township on a quarterly basis.

         (a)   Prior to a change in the ownership or operation of a large solar energy system the current owner or operator shall provide written notice to the township at least 30 days prior to that change becoming effective. This notice shall inform the township of the intended transfer of control of the large solar energy system and shall include a copy of the instrument or agreement effecting that transfer. Such an instrument or agreement shall include an express statement that the new owner or operator of the large solar energy system shall not be permitted to operate that system until compliance with the terms of this division (AA).

         (b)   Upon transfer or sale, the financial security for decommissioning shall be maintained at all times, the estimated costs of decommissioning shall be resubmitted, and the security adjusted to account for the new estimate.

            1.   For the life of the project, the owner/operator will provide quarterly updates on current operations and energy production to the Township Board or their designee on the status of the solar energy system.

            2.   A solar energy system that ceases to produce energy on a continuous basis for 6 months will be considered abandoned, unless the current responsible party (or parties) with ownership interest in the solar energy system provides substantial evidence prior to the 6-month expiration period that they intend to maintain and reinstate the operation of the facility. If the responsible party does not provide an update on the solar energy project until after the 6-month time limit of no energy production, the responsible party shall pay a fine according to the fee schedule set by the Township Board and provide a letter with satisfactory explanation and request for reinstatement of the project to the Township Board. Should the above provisions not be adhered to the project will be considered abandoned. It shall be the responsibility of the responsible party (or parties) to remove all equipment and facilities and completely restore the project area to its condition prior to the development of the solar energy system.

               a.   Upon determination of abandonment, the Building Official shall notify the party (or parties) responsible that they must remove the solar energy system and restore the site to its condition prior to development of the solar energy system within 1 year of notice by the Township Board or its designee.

               b.   If the responsible party (or parties) fails to comply, the Township Board or its designee may remove the solar energy system, sell any removed materials, and initiate judicial proceedings or take any other steps legally authorized against the responsible parties to recover the costs required to remove the solar energy system and restore the site to a nonhazardous pre- development condition.

            1.   The anticipated life of the project;

            2.   The estimated decommissioning costs in current dollars (salvage costs cannot be considered in the estimated decommissioning costs). The estimate shall be prepared by the engineer for the developer and shall be approved by the township;

            3.   The method of ensuring that funds will be available for decommissioning and restoration, to include but not limited to:

               a.   Complete removal of all non-utility owned equipment, conduit, structures, fencing, roads, solar panels and foundations; and

               b.   Complete restoration of property to condition prior to development of the solar energy system;

            4.   The anticipated manner in which the project will be decommissioned and the site restored:

               a.   Decommissioning shall include the removal of each PV panel, all electrical components, and all facilities associated with the solar energy system.

               b.   All access roads to the solar energy system shall be removed, cleared, and graded by the facility owner, unless the property owner requests, in writing, a desire to maintain the access road. The township will not be assumed to take ownership of any access road and such remaining roads will not be considered public roads.

               c.   The site and any disturbed earth shall be stabilized, graded, and cleared of any debris by the owner of the solar energy system or its assigns. If the site is not to be used for agricultural purposes following removal, the site shall be seeded to prevent soil erosion, and restored to its condition existing prior to any construction activities;

            5.   A provision to give notice to the township 1 year in advance of decommissioning;

            6.   A financial instrument to assure payment of the cost of decommissioning shall be required. To ensure proper removal of the structure when it ceases to be used for a period of 6 months or more, any application for a new solar energy system shall include a description of the financial security guaranteeing removal of the solar energy system which will be posted at the time of receiving a zoning permit for the facility. The security shall be a: 1) cash; 2) irrevocable bank letter of credit; or 3) performance bond in a form approved by the township. The amount of such guarantee shall be no less than the estimated cost of removal and shall include a provision for inflationary cost adjustments every 5 years;

            7.   A condition of the financial instrument shall be notification by the company to the Township Supervisor 30 days prior to its expiration or termination. When determining the amount of such required security, the township shall also require future meetings every 5 years, to establish corrected values for decommissioning. The financial security instrument shall be adjusted to each determined corrected value;

            8.   Decommissioning shall be complete, and the ground shall be restored to its previous condition, within 1 year from the date of abandonment; which may be extended by 1 additional year by the Building Official.

         (a)   The applicant/owner shall provide the Planning Commission a proposal to change the project. It shall be considered a new application, subject to the ordinance standards at the time of the request.

         (b)   The applicant/owner would not need to apply for a new permit if they are performing routine maintenance, as described in the provided maintenance plan.

      (3)   Escrow and fee. An escrow account in the form of a cash deposit of not less than $15,000, or such other amount estimated by the Township Board, shall be set up when the applicant applies for a special use permit. The deposit shall be sufficient to cover all reasonable costs and expenses associated with the special land use zoning review and approval process, which costs can include, but are not limited to, fees of the Township Attorney, Township Planner, and Township Engineer, as well as any reports or studies which the township anticipates it may have done related to the zoning review process for the particular application. Such escrow amount shall include regularly established fees. At any point during the zoning review process, the township may require that the applicant place additional monies into the township escrow should the existing escrow amount filed by the applicant prove insufficient. If the escrow account needs replenishing and the applicant refuses to do so within 14 days after receiving notice, the zoning review and approval process shall cease until and unless the applicant makes the required escrow deposit. Any escrow amounts which are in excess of actual costs shall be returned to the applicant within 90 days of permitting process completion. The township may hire qualified professionals for each and any of the technical fields associated with the special use permit, such as, but not limited to engineering, electrical, environmental, economic, wildlife, health, and land use.

         (a)   The project area boundaries, including lot lines and dimensions.

         (b)   Names and parcel identification numbers of each parcel within the WECS.

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

         (d)   The location, grades, and dimensions of all temporary and permanent on-site access roads including width and surface material from the nearest county or state-maintained road.

         (e)   Existing topography.

         (f)   Water bodies, waterways, wetlands, and drainage channels.

         (g)   All new infrastructure related to the project.

         (e)   SCADA (supervisory control and data acquisition) or meteorological (MET) towers shall be setback 1.5 times the tip height of the SCADA or MET tower.

         (f)   An operations and maintenance office building, a sub-station, or ancillary equipment shall comply with any property setback requirement that may be applicable to that type of building or equipment.

         (a)   WECS including towers shall comply with all applicable state construction and electrical codes and local building permit requirements.

         (b)   The applicant shall comply with applicable parts of the Michigan Natural Resources and Environmental Protection Act (Act 451 of 1994, M.C.L.A. § 324.101 et seq.) including but not limited to Part 31 Water Resources Protection (M.C.L.A. § 324.3101 et seq.), Part 91 Soil Erosion and Sedimentation Control (M.C.L.A § 324.9101 et seq.), Part 301 Inland Lakes and Streams (M.C.L.A. § 324.30101 et seq.), Part 303 Wetlands (M.C.L.A. § 324.30301 et seq.), Part 323 Shoreland Protection and Management (M.C.L.A. § 324.32301 et seq.), Part 325 Great Lakes Submerged Lands (M.C.L.A. § 324.32501 et seq.), and Part 353 Sand Dunes Protection and Management (M.C.L.A. § 324.35301 et seq.).

         (a)   The applicant shall have a third-party, qualified professional conduct an analysis to identify and assess any potential impacts on wildlife and endangered species. The applicant shall take appropriate measures to minimize, eliminate or mitigate adverse impacts identified in the analysis. The applicant shall identify and evaluate the significance of any net effects or concerns that will remain after mitigation efforts and provide a copy of the report to the township.

         (b)   Sites requiring special scrutiny include wildlife refuges, other areas where birds are highly concentrated, bat hibernacula, wooded ridge tops that attract wildlife, sites that are frequented by federally and/or state-listed endangered species of birds and bats, significant bird-migration pathways, and areas that have landscape features known to attract large numbers of raptors. At a minimum, the analysis shall include a thorough review of existing information regarding species and potential habitats in the vicinity of the project area. Where appropriate, surveys for bats, raptors, and general avian use should be conducted. The analysis shall include the potential effects on species listed under the federal Endangered Species Act and Michigan’s Endangered Species Protection Law.

         (c)   The analysis shall indicate whether a post-construction wildlife mortality study will be conducted and, if not, the reasons why such a study does not need to be conducted. Power lines should be placed underground, when feasible, to prevent avian collisions and electrocutions. All above-ground lines, transformers, or conductors should comply with the Avian Power Line Interaction Committee (APLIC)-published standards to prevent avian mortality.

         (d)   The applicant should consider painting a single blade black to reduce avian and wildlife mortality and address this solution in their application.

         (a)   WECS projects shall use tubular towers and all WECS in a project shall be finished in a non-reflective matte-finished color.

         (b)   A project shall be constructed using wind turbines of similar design, size, operation, and appearance throughout the project.

         (c)   No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades. Nacelles may have lettering that exhibits the manufacturer’s and/or owner’s identification.

         (a)   All WECS shall be designed to prevent unauthorized access to electrical and mechanical components and shall have access doors that are kept securely locked at all times when service personnel are not present.

         (b)   All spent lubricants and cooling fluids shall be properly and safely removed in a timely manner from the site of the wind energy system.

         (c)   A sign shall be posted near each tower and operations and maintenance office building that will contain emergency contact information.

         (d)   Signage placed at the road access shall be used to warn visitors about the potential danger of falling ice.

         (e)   The minimum vertical blade tip clearance from grade shall be 75 feet for a turbine employing a horizontal axis rotor.

         (f)   All WECS must be equipped with manual and automatic over-speed controls to limit the blade speed to the engineered design limits of the installation.

         (g)   The applicant shall work with local emergency services for coordination and training on the WECS.

         (a)   The minimum FAA lighting standards shall not be exceeded. All tower lighting required by the FAA shall be shielded to the maximum extent possible to reduce glare and visibility from the ground. The tower shaft shall not be illuminated unless required by the FAA.

         (b)   WECS including towers shall comply with Federal Aviation Administration requirements, the Michigan Airport Zoning Act (Public Act 23 of 1950, M.C.L.A. § 259.431 et seq.), the Michigan Tall Structures Act (Public Act 259 of 1959, M.C.L.A. § 259.481 et seq.), and local jurisdiction airport overlay zone regulations. WECS shall comply with applicable utility, Michigan Public Service Commission, and Federal Energy Regulatory Commission interconnection standards.

         (c)   A lighting plan must be submitted by the applicant. Such plans must describe all lighting that will be utilized for a proposed project. Such a plan shall include the planned number and location of lights, light color, and whether any lights will be flashing. As part of the lighting plan, applicants must submit the detailed plans to install an aircraft detection lighting system (ADLS) that manages the proposed wind energy facility’s lighting to reduce illumination when unnecessary unless an applicant demonstrates that an applicable local, state, or federal entity prohibits the use of an ADLS on a particular project. All WECS must be equipped with an ADLS to minimize lighting unless prohibited by a governing entity.

         (a)   The sound pressure level generated by a WECS shall be Leq 40 dB(A) measured at a non-participating inhabited structure and be Leq 45 dB(A) non-participating parcel line. This sound pressure level may be exceeded during short-term events such as utility outages and/or severe wind storms. If the ambient sound pressure level exceeds 40 dB(A), the standard shall be ambient dB(A) plus 5 dB(A).

         (b)   As part of the application and prior to installation, the applicant shall provide modeling and analysis that will confirm that the WECS will not exceed the maximum permitted sound pressure levels.

         (c)   Modeling and analysis shall conform to IEC 61400 and ISO 9613.

         (d)   After installation of the WECS, sound pressure level measurements shall be done by a third-party, qualified professional according to the procedures in the most current version of ANSI S12.18. All sound pressure levels shall be measured with a sound meter that meets or exceeds the most current version of ANSI S1.4.

         (e)   Documentation of the sound pressure level measurements shall be provided to the local government within 60 days after construction is completed on the WECS.

         (a)   The applicant shall conduct an analysis of potential shadow flicker created by each proposed wind turbine at all inhabitable structures. Such analysis shall be documented in a shadow flicker modeling report.

         (b)   The analysis shall identify the locations of shadow flicker created by each proposed wind turbine and the expected durations of the flicker at these locations from sunrise to sunset over the course of a year.

         (c)   Site plans shall depict a contour around each proposed wind turbine that represents the predicted 30 hours per year of shadow flicker generated by the modeling software used in the report. For participating parcels, shadow flicker shall not exceed 30 hours per year. For non-participating parcels, there shall not be any shadow flicker on non-participating dwellings.

         (d)   The analysis shall identify all areas where shadow flicker may affect the occupants of the inhabitable structures and describe measures that shall be taken to eliminate or mitigate the problems. A shadow flicker mitigation plan shall also be submitted with the shadow flicker modeling report. Any shadow flicker complaint shall be addressed by the applicant and be mitigated.

         (a)   No WECS shall be installed in any location where its proximity to existing fixed broadcast, retransmission, or reception antennae for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception unless the applicant provides a replacement signal to the affected party that will restore reception to at least the level present before operation of the wind energy system.

         (b)   No WECS shall be installed in any location within the line of sight of an existing microwave communications link where the operation of the wind energy system is likely to produce electromagnetic interference in the link’s operation unless the interference is insignificant.

            1.   The applicant shall be responsible for making repairs to any public roads damaged by the construction of the WECS.

            2.   In addition, the applicant shall submit to Montrose Township and a copy of the agreement or bond agreed upon with the County Road Commission and MDOT, as applicable, which guarantees the repair of damage to public roads and other areas caused by construction of the WECS.

         (b)   1.   Where utility-grid wind energy system construction cuts through a private or public drain tile field, the drain tile must be repaired and reconnected or other remedial measures performed to properly drain the site to the satisfaction of the landowner if a private drain, or if a public drain, the Genesee County Drain Commission and Montrose Township.

            2.   In addition, the applicant shall submit to Montrose Township and a copy of the agreement or bond agreed upon with the County Drain Commission which guarantees the repair of damage caused by construction of the WECS.

         (a)   The applicant shall develop a process to resolve complaints from nearby residents concerning the construction or operation of the project. All complaints shall be acknowledged within 10 business days of receipt of such complaint and the township supervisors shall also be notified of each complaint. The process may use an independent mediator or arbitrator and shall include a time limit for acting on a complaint. The process shall not preclude the local government from acting on a complaint.

         (b)   During construction and for the life of the project, the applicant, owner, or operator shall maintain and make available to nearby residents a telephone number where a project representative can be reached during normal business hours.

         (c)   A report of all complaints and resolutions shall be filed with the Building Official or assigned designee on a quarterly basis.

         (a)   Prior to a change in the ownership or operation of a WECS the current owner or operator shall provide written notice to the township at least 30 days prior to that change becoming effective. This notice shall inform the township of the intended transfer of control of the WECS and shall include a copy of the instrument or agreement affecting that transfer. Such an instrument or agreement shall include an express statement that the new owner or operator of the WECS shall not be permitted to operate that system until compliance with the terms of this division (AB).

         (b)   Upon transfer or sale, the financial security for decommissioning shall be maintained at all times, the estimated costs of decommissioning shall be resubmitted, and the security adjusted to account for the new estimate.

            1.   a.   For the life of the project, the owner/operator will provide quarterly updates on current operations and energy production to the Township Board or their designee on the status of the WECS.

               b.   A WECS that ceases to produce energy on a continuous basis for 6 months will be considered abandoned unless the current responsible party (or parties) with an ownership interest in the WECS provides substantial evidence prior to the 6-month expiration period that they intend to maintain and reinstate the operation of the facility. If the responsible party does not provide an update on the WECS until after the 6-month time limit of no energy production, the responsible party shall pay a fine according to the fee schedule set by the Township Board and provide a letter with satisfactory explanation and request for reinstatement of the project to the Township Board. Should the above provisions not be adhered to the project will be considered abandoned. It shall be the responsibility of the responsible party (or parties) to remove all equipment and facilities and completely restore the project area to its condition prior to the development of the WECS.

            2.   Upon determination of abandonment, the Building Official shall notify the party (or parties) responsible that they must remove the wind energy system and restore the site to its condition prior to development within 6 months of notice by the Planning Commission or its designee.

            3.   If the responsible party (or parties) fails to comply, the Planning Commission or its designee may remove the wind energy system, sell any removed materials, and initiate judicial proceedings or take any other steps legally authorized against the responsible parties to recover the costs required to remove the wireless communication facility and restore the site to a nonhazardous predevelopment condition.

            1.   The applicant shall submit a decommissioning plan. The plan shall include:

               a.   The anticipated life of the project.

               b.   The estimated decommissioning costs, which does not include salvage value. The estimate shall be prepared by the engineer for the developer and shall be approved by the township.

               c.   The method of ensuring that funds will be available for decommissioning and restoration.

               d.   The anticipated manner in which the project will be decommissioned and the site restored.

               e.   A provision to notice the township 1 year in advance of decommissioning.

               f.   A clause which requires the applicant, owner, or operator to review the value of the decommissioning bond or surety on a 5-year basis for cost of inflation.

            2.   At the time of decommissioning the applicant, owner, or operator is required to do the following:

               a.   The applicant shall be responsible for making repairs to any public roads damaged by the construction of the WECS.

               b.   Remove all towers and other components of the system.

               c.   Completely remove all foundations and underground components. Restore all conditions (including topsoil) to the pre-construction condition.

               d.   Remove all roads and driveways not accepted for use by either the township or the property owner and restore to the pre-construction condition.

               e.   Restore the site to conditions acceptable to the township and the property owner.

               a.   The applicant shall post a performance bond, the amount to be determined by the Township Board and legal counsel, to be sufficient to cover the decommissioning of the system.

               b.   The security shall be a: 1) cash; 2) irrevocable bank letter of credit; or 3) performance bond in a form approved by the township. The amount of such guarantee shall be no less than the estimated cost of removal and shall include a provision for inflationary cost adjustments every 5 years.

               c.   The security shall be in favor of the township and shall be used in the event the decommissioning plan needs to be enforced with respect to the removal of the system or individual components and restoration of the site.

               d.   The performance bond shall remain in effect until the system and all components are removed and the site restored.

               e.   A condition of the financial instrument shall be notification by the company to the Township Supervisor 30 days prior to its expiration or termination. When determining the amount of such required security, the township shall also require future meetings every 5 years, to establish corrected values for decommissioning. The financial security instrument shall be adjusted to each determined corrected value.

         (a)   The applicant/owner shall provide the Planning Commission, a proposal to change the project. It shall be considered a new application, subject to the ordinance standards at the time of the request.

         (b)   The applicant/owner would not need to apply for a new permit if they are performing routine maintenance, as described in the provided maintenance plan.

   (Q)    [Reserved]

 

      (1)   A flag lot can only be created to serve 1 building structure.

      (2)   A flag lot must contain 33 feet of road frontage to serve as ingress and egress to a public road. The 33-foot access right-of-way must be part of and included in the legal description of the flag lot (see flag lot illustration, § 153.007).

      (3)   All flag lots created shall comply with the district regulations for the district in which it is located. The access right-of-way serving a flag lot, wetlands, floodplain areas and easements serving underground drains and utilities, shall be excluded when calculating the requirements for compliance with §§ 153.200 and 153.201.

      (4)   Flag lots must comply with the Land Division Act and may not exceed the 4 to 1 width to depth ratio unless said lot exceeds 10 acres.

      (5)   A flag lot may not be created where it would reduce an existing side or rear yard setback of an adjoining lot to less than 50 feet.

      (6)   Driveways located within an access right-of-way shall maintain a minimum setback of 5 feet from property lines.

      (7)   The placement of all structures on a flag lot shall be so arraigned so that it shall not be a detriment or nuisance to adjoining properties. The Planning Commission may require buffering along adjoining property lines to provide adequate separation between buildings.

      (8)   Flag lots containing an access drive within the right-of-way of 200 feet or more in length from a public road shall provide a maneuvering turn around area within 50 feet of the principal structure. The turn around maneuvering area shall be at least 24 feet by 50 feet in size and shall be at least 10 feet in width. The access drive, with a minimum width of 10 feet, shall be constructed of asphalt, concrete, stone, or other material demonstrating a weight bearing capacity for public safety vehicles.

      (1)   Animal shelters located in an AG - Agricultural or a RF - Residential Farms zoning district shall meet and comply with the same standards as required for kennels listed under division (Z) below.

      (2)   Animal shelters located in a C2 - General Commercial or an I-1 - Light Industrial zoning district shall comply with the general requirements of the district as listed in §§ 153.200 and 153.201, footnotes, however all kennel buildings, structures, and related runs/or exercise areas shall be located not less than 250 feet from all adjacent residential dwelling units.

      (3)   The Planning Commission during its review and approval may increase the required setbacks if it is determined that the increase setback is necessary to protect adjacent properties from the nuisances caused by noise, odors or other off-site impacts. The Planning Commission may also establish limitation regarding hours of operation, number and types of animals housed, the extent of accessory operations including veterinary services provided on site and other operational characteristic of the use to ensure that the facility is consistent with the character of the surrounding area.

      (1)   All kennels shall operate in conformance with all applicable county and state regulations.

      (2)   The minimum lot size for commercial kennels shall be 10 acres, with 250 feet of road frontage. The minimum lot size for private kennels shall be 5 acres, with 250 feet of road frontage. The Planning Commission may modify the lot size and road frontage requirements for kennels based on the specific characteristic of the use being requested.

      (3)   Kennel buildings, structures, and related runs/or exercise areas shall not be located in front of the main principal structure located on the property and comply with the following setbacks:

         (a)   Sides - Not less than 75 feet;

         (b)   Rear - Not less than 50 feet;

         (c)   All adjacent residential dwelling units -not less than 250 feet.

      (4)   Kennels shall comply with the following requirements except where the dogs are housed or kept within the main residential dwelling unit located on the property and a fenced in areas is provided in a rear yard area for use by said household pets.

         (a)   Kennels shall be structurally sound and shall be maintained in good repair. Floors shall be constructed of non-toxic, easily cleaned water impervious material.

         (b)   All dogs kept in a kennel shall be provided with an inside sleeping area, which will protect them against inclement weather, preserves the animal's body heat and keeps them dry. These sleeping areas shall also be ventilated in such a manner as will provide fresh air at all times and shall be kept clean and in a sanitary condition. Inside pens or sleeping areas shall be of the following sizes:

            1.   For dogs weighing not more than 25 pounds, 5 square feet per animal;

            2.   For dogs weighing more than 25 pounds but not more than 45 pounds, 9 square feet per animal;

            3.   For dogs weighing over 45 pounds, 16 square feet per animal.

         (c)   Inside or outside runs shall be provided and shall be not less than 36 inches wide and 10 feet in length.

         (d)   Feces and other excreta shall be removed as necessary to maintain a safe and sanitary condition. Excreta shall be disposed of in a sanitary manner.

         (e)   All dogs shall be provided with clean fresh water and sufficient wholesome food. Food and water containers shall be kept clean and sanitized.

      (5)   In an AG - Agricultural or RF - Residential Farm zoning district there shall be no change in the outside appearance of the structure or premises, or other visible evidence of the conduct of such kennel other than 1 sign not exceeding 2 square feet in area, non-illuminated and ground mounted with a setback of 5 feet from the front right-of-way line.

      (6)   In a C-2, General Commercial or I-1, Light Industrial zoning district signage for commercial kennels shall comply with requirements found in §§ 153.295 through 153.302, the township's sign regulations.