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.

(Ord. No. 702, § 2, 8-6-2008; Ord. No. 714, § 2, 7-17-2009)

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means the person or entity filing an application under this article.

Facility owner means the entity or entities having an equity interest in a wind energy facility, including their respective successors and assigns.

Hub height means the distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.

Nonparticipating landowner means any landowner except those on whose property all or a portion of a wind energy facility is located pursuant to an agreement with the facility owner or operator.

Occupied building means a residence, school, hospital, church, public library or other building used for public gathering that is occupied or in use when the permit application is submitted.

Operator means the entity responsible for the day-to-day operation and maintenance of a wind energy facility.

Roof-mounted wind turbine means a single wind energy conversion system that is mounted to the roof of any structure with a maximum rotor diameter of seven feet.

Turbine height means the distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.

Wind turbine means a freestanding or roof-mounted, single wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any. This may also include an anemometer.

Wind energy facility means an electric generating facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

(Ord. No. 702, § 3, 8-6-2008; Ord. No. 714, § 3, 7-17-2009)

(a)

A single wind turbine not to exceed 70 feet in height shall be considered a permitted accessory use on a single parcel in any zoning district, if it meets the standards and requirements of this section.

(b)

A single wind turbine not to exceed 200 feet in height shall be considered a permitted accessory use on a single parcel in any district where GI General Industrial is listed as a principal or special use if it meets the standards and requirements of this section.

(c)

Roof-mounted turbines shall be considered a permitted accessory use on parcels in any nonresidential zoning district with a minimum separation of at least one rotor/blade diameter.

(d)

One roof-mounted wind turbine shall be considered a permitted accessory use on any residentially zoned parcel. A second roof-mounted unit on a residentially zoned parcel necessitates the issuance of a special use permit with a minimum separation between the units of at least one rotor/blade diameter.

(e)

A single wind turbine 70—200 feet in height shall be considered a special use in any residential development, existing or proposed, subject to the standards and requirements of this section. Said turbine would be in lieu of future, individual wind turbines on individual parcels within the development.

(f)

A wind energy facility shall be considered a special use in the wind energy facility overlay district subject to the standards and regulations of this section.

(Ord. No. 702, § 4, 8-6-2008; Ord. No. 714, § 4, 7-17-2009)

(a)

No wind turbine or wind energy facility shall be constructed or located within the City of Norton Shores unless a permit has been issued to the facility owner or operator approving construction of the facility under this article.

(b)

Any physical modification to an existing and permitted wind energy facility that materially alters the size, type and number of wind turbines or other equipment shall require a permit amendment under this article. Like-kind replacements shall not require a permit modification.

(c)

Wind turbines in all zoning districts and the wind energy facility overlay district may be subject to Federal Aviation Administration (FAA) approval.

(Ord. No. 702, § 5, 8-6-2008; Ord. No. 714, § 5, 7-17-2009)

(a)

Wind energy facilities shall be subject to the special use permit and site plan provisions of the Norton Shores zoning regulations, articles IX and XI and shall comply with all of the following standards:

(b)

The applications shall contain the following:

(1)

A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the approximate generating capacity of the wind energy facility; the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.

(2)

An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the wind energy facility.

(3)

Identification of the properties on which the proposed wind energy facility will be located, and the properties adjacent to where the wind energy facility will be located.

(4)

A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind energy facility to the substation(s), ancillary equipment, building, and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback.

(5)

Documents related to decommissioning.

(6)

Other relevant studies, reports, certifications and approvals as may be reasonably requested by the City of Norton Shores to ensure compliance with this article.

(7)

The proposed site shall have documented annual wind resources sufficient for the operation of the proposed wind turbine generator; provided, however, this standard shall not apply to an anemometer tower. No wind turbine shall be approved without submission of a wind resource study documenting wind resources on the site over a minimum of one year. Said study shall indicate the long-term commercial economic viability of the project. Anemometers to be placed shall be calibrated regularly to ensure a measurement of error of one percent or less. All anemometers shall be placed at the expected hub height of the wind turbine to be used. Sufficient wind resources, as described by the U.S. Department of Energy, include areas with a wind power class 4 or higher. The city shall retain the services of an independent, recognized expert to review the results of the wind resource study prior to acting on the application for special use permit. This review shall be at the expense of the applicant.

(8)

The minimum site area for a wind energy facility, or an anemometer tower erected prior to a wind energy facility, shall be 20 acres and must meet required setbacks and any other standards of this ordinance.

(9)

Each proposed wind turbine or anemometer tower shall be set back from any adjoining lot line or public or private road right-of-way a distance equal to twice the height of the turbine.

(10)

For any newly proposed wind turbine or anemometer tower, a "wind access buffer" equal to a minimum of five rotor diameters shall be observed from any existing off-site wind turbine generator tower.

(c)

Within 30 days after receipt of a permit application, the City of Norton Shores will determine whether the application is complete and advise the applicant accordingly.

(d)

Within 60 days of a completeness determination, the Norton Shores Planning Commission will schedule a public hearing. The applicant shall participate in the hearing and be afforded an opportunity to present the project to the public and municipal officials, and answer questions about the project. The public shall be afforded an opportunity to ask questions and provide comment on the proposed project.

(e)

Within 120 days of a completeness determination, or within 45 days after the close of any hearing, whichever is later, the City of Norton Shores City Council will make a decision whether to issue or deny the permit application.

(Ord. No. 702, § 6, 8-6-2008; Ord. No. 714, § 6, 7-17-2009)

(a)

A single wind turbine 70—200 feet in height shall be subject to the special use permit and site plan provisions of the Norton Shores zoning chapter, articles IX and XI and shall comply with all of the following standards.

(b)

The application shall contain the following:

(1)

A narrative describing the project location, the approximate generating capacity of the wind turbine, the height of the turbine to be constructed, and a description of ancillary facilities.

(2)

An affidavit or similar evidence of agreement between all property owners in the development demonstrating that the applicant has the permission of all property owners to apply for necessary permits for construction and operation of the wind turbine.

(3)

A site plan showing the planned location of the wind turbine and ancillary equipment, property lines, and setback line.

(4)

Documents related to decommissioning.

(5)

Other relevant studies, reports, certifications and approvals as may be reasonably requested by the City of Norton Shores to ensure compliance with this article.

(6)

The proposed site shall have documented annual wind resources sufficient for the operation of the proposed wind turbines generator; provided, however, this standard shall not apply to an anemometer tower. No wind turbine shall be approved without submission of a wind resource study documenting wind resources on the site over a minimum of one year. Said study shall indicate the long-term commercial economic viability of the project. Anemometers to be placed shall be calibrated regularly to ensure a measurement of error of one percent or less. All anemometers shall be placed at the expected hub height of the wind turbine to be used. Sufficient wind resources, as described by the U.S. Department of Energy, include areas with a wind power class 4 or higher. The city shall retain the services of an independent, recognized expert to review the results of the wind resource study prior to acting on the application for special use permit. This review shall be at the expense of the applicant.

(7)

Each proposed wind turbine or anemometer tower shall be set back from any adjoining lot line a distance equal to the overall height of the tower.

(c)

Within 30 days after receipt of a permit application, the City of Norton Shores will determine whether the application is complete and advise the applicant accordingly.

(d)

Within 60 days of a completeness determination, the Norton Shores Planning Commission will schedule a public hearing. The applicant shall participate in the hearing and be afforded an opportunity to present the project to the public and municipal officials, and answer questions about the project. The public shall be afforded an opportunity to ask questions and provide comment on the proposed project.

(e)

Within 120 days of a completeness determination, or within 45 days after the close of any hearing, whichever is later, the City of Norton Shores City Council will make a decision whether to issue or deny the permit application. Approval of said turbine would be in lieu of future, individual wind turbines on individual parcels within the development.

(Ord. No. 702, § 7, 8-6-2008; Ord. No. 714, § 7, 7-17-2009)

(a)

Compliance with building code. All wind turbines shall comply with the building code currently adopted by the city. Building permits for all wind turbines must be issued to a licensed contractor and applications shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footing. An engineering analysis of the tower showing compliance with the currently adopted building code and certified by a licensed professional engineer shall also be submitted.

(b)

Braking system. All wind turbines shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

(c)

Compliance with applicable electrical codes and standards. All electrical components of the wind turbine shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

(d)

Visual appearance; power lines.

(1)

Wind turbines shall be either monopole, monolithic tube or lattice style construction, and a nonobtrusive color such as white, off-white or gray.

(2)

Roof-mounted wind turbines are not subject to color restrictions except that they must be maintained in their original manufactured color.

(3)

Wind turbines shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

(4)

Wind turbines shall not display advertising, except for one sign no greater than two square feet identifying the turbine manufacturer, and one sign no greater than two square feet providing the owner's name, address and telephone number for emergency calls. Both signs must be located on the lowest ten feet of the structure.

(5)

On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground.

(e)

Warnings.

(1)

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

(2)

Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of ten feet from the ground.

(f)

Climb prevention/locks.

(1)

Wind turbines shall not be climbable up to 15 feet above ground surface.

(2)

All access doors to wind turbines and electrical equipment shall be locked to prevent entry by nonauthorized persons.

(Ord. No. 702, § 8, 8-6-2008; Ord. No. 714, § 8, 7-17-2009)

(a)

Maximum height for a single wind turbine in all zoning districts except those where general industrial uses are permitted, not constructed as part of a wind energy facility, shall be limited to 70 feet.

(b)

Maximum height for a single wind turbine in those districts where general industrial is listed as a principal or special use shall be limited to 200 feet, subject to all setback requirements.

(c)

Maximum height for a single wind turbine serving a residential development shall be limited to 200 feet.

(d)

Maximum height for turbines located in the wind energy facility overlay district shall be determined by the required setbacks from the adjacent property lines and road right-of-way(s).

(Ord. No. 702, § 9, 8-6-2008; Ord. No. 714, § 9, 7-17-2009)

(a)

All wind turbines shall be set back from the nearest property line a distance of not less than the normal setback requirements for that zoning classification or equal to the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.

(b)

Those turbines rigidly attached to a building and whose base is on the ground may reduce the required property line setback by the amount equal to the distance from the point of attachment to the ground.

(c)

Wind turbines shall be set back from the nearest occupied building a distance not less than ten feet.

(d)

All wind turbines shall be set back from the nearest public road a distance equal to the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base. Those turbines rigidly attached to a building and whose base is on the ground may reduce this required setback by the amount equal to the distance from the point of attachment to the ground.

(Ord. No. 702, § 10, 8-6-2008; Ord. No. 709, § 2, 12-16-2008; Ord. No. 714, § 10, 7-17-2009)

(a)

Audible sound from any and all wind turbines or wind energy facilities shall not exceed 45 dba, as measured at the exterior of an occupied building on a nonparticipating landowner's property.

(b)

The property owner of a wind turbine or wind energy facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a nonparticipating landowner's property.

(Ord. No. 702, § 11, 8-6-2008; Ord. No. 714, § 11, 7-17-2009)

No wind turbine shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(Ord. No. 702, § 12, 8-6-2008; Ord. No. 714, § 12, 7-17-2009)

The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the wind turbine or wind energy facility.

(Ord. No. 702, § 13, 8-6-2008; Ord. No. 714, § 13, 7-17-2009)

(a)

The property owner or facility owner and operator shall, at its expense, complete decommissioning of a wind turbine or wind energy facility within 12 months after the end of the useful life of the facility or individual wind turbine. The wind energy facility or individual wind turbine will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.

(b)

Decommissioning shall include removal of wind turbines, building, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.

(c)

Disturbed earth shall be graded and reseeded.

(Ord. No. 702, § 14, 8-6-2008; Ord. No. 714, § 14, 7-17-2009)