The purpose of this Ordinance is to establish guidelines for siting Wind Energy Turbines (WETs) in the City of Orchard Lake Village. The goals of this Ordinance are:

A.

To promote safe, effective and efficient use of WETs for the purposes of producing electricity without consuming fossil fuels.

B.

To preserve and protect the public health, safety, welfare and quality of life by minimizing the potential adverse impacts of WETs.

C.

To establish standards and procedures for siting, design, engineering, installation, operation, and maintenance of WETs.

For the purposes of this Ordinance, the following terms shall be defined as follows:

A.

Ambient Sound Level: The amount of background noise at a given location prior to the installation of a WET, which may include, but is not limited to, traffic, machinery, lawnmowers, human activity and the interaction of wind with the landscape. The ambient sound level is measured on the dB(A) weighted scale as defined by the American National Standards Institute (ASTI).

B.

Anemometer: A temporary wind speed indicator constructed for the purpose of analyzing the potential for utilizing a wind energy turbine at a given site. Such a facility includes a tower, base plate, anchors, cables, hardware, wind direction vanes, booms to hold equipment, data logger, instrument wiring, and telemetry devices that are used to monitor and transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

C.

Decommissioning: The process of terminating operation and completely removing a WET and all related buildings, structures, foundations, access roads and equipment.

D.

Nacelle: The encasement that houses all of the generating components, gear box, drive train, and other equipment.

E.

Nameplate Capacity: The intended technical full-load sustained output of a wind turbine facility (also known as "rated capacity"). The installed generator nameplate capacity is commonly expressed in megawatts (MW) and is usually indicated on a nameplate physically attached to the generator.

F.

Net-metering: A metering and billing agreement between an electric utility company and a customer, which allows the connection of a renewable energy generating system to the power grid.

G.

Operator: The entity responsible for the day-to-day operation and maintenance of a WET.

H.

Rotor Diameter: The cross-sectional diameter of the circle swept by the rotating blades of a horizontal axis WET.

I.

Shadow Flicker: The moving shadow, created by the sun shining through the rotating blades of a WET. The amount of shadow flicker created by a WET is calculated by a computer model that takes into consideration turbine location, elevation, tree cover, location of structures, wind activity and sunlight including the duration of flicker at these locations from sunrise to sunset over the course of a year.

J.

Small Structure-Mounted Wind Energy Turbine (SSMWET): A WET system that converts wind energy into electricity through the use of equipment that includes a base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, inverter, batteries and other components used in the system. An SSMWET is attached to a structure's roof, walls, or other elevated surface, including accessory structures. The nameplate capacity of an SSMWET does not exceed ten (10) kilowatts.

K.

Small Tower-Mounted Wind Energy Turbine (STMWET): A tower-mounted wind energy system that converts wind energy into electricity through the use of equipment that includes a base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, inverter, batteries and other components used in the system. The STMWET has a nameplate capacity that does not exceed thirty (30) kilowatts.

L.

Total Height: The vertical distance measured from the base of the tower to the uppermost vertical extension of any blade, or the maximum height reached by any part of the WET.

M.

Tower: A freestanding monopole that supports a WET.

N.

Wind Energy Turbine (WET): A wind turbine is a rotary device that extracts energy from the wind. With respect to this Ordinance, the mechanical energy is converted to electricity, so it might also be known as a wind energy generator or wind energy converter.

After its effective date, this Ordinance applies to all proposed WETs in the City of Orchard Lake Village.

Small Structure-Mounted Wind Energy Turbines (SSMWETs) and Small Tower-Mounted Wind Energy Turbines (STMWETs) shall be permitted in the Professional Office District (Zone 5) and the Local Business District (Zone 6) subject to the following:

A.

Any such facility shall be considered a permitted accessory use, subject to site plan review, provided that the distance between the facility and the nearest residential zoning district is equal to or greater than the total height of the tower.

B.

All WETs shall meet the Siting and Design requirements that follow.

A.

Visual Appearance.

1.

Color. WETs shall be coated with a non-reflective, non-obtrusive color, such as white or gray. The facility shall be maintained in working condition and free of rust and corrosion by the owner or operator throughout the life of the WET. If visible from the street, accessory buildings associated with a WET shall satisfy the Design Guidelines in Article XVII.

2.

Lighting. WETS shall not be artificially lit, unless required by the FAA or other applicable authority, or as otherwise necessary for public safety and security.

3.

Advertising. WETs shall not be used for displaying advertising (flags, streamers, or decorative items), except for reasonable identification of the turbine manufacturer.

B.

Ground Clearance. The lowest extension of any blade or other moving component of a WET shall be at least fifteen (15) feet above the ground (at the highest point of the natural grade within thirty (30) feet of the base of the tower) and, at least fifteen (15) feet above any outdoor surfaces intended for human use, such as balconies or roof gardens, that are located directly below the WET.

C.

Noise. Noise emanating from the operation of a WET shall not, at any time, exceed the lowest sound level that is permitted by the Noise Control Ordinance No. 9.10 at any time. All noise will be measured with a sound level meter at the property line of the receiving property. The location for the taking of the measurement shall be determined by the City in the direction of the closest property lines, the location of which will be approximately determined based on a visual inspection.

D.

Vibration. Vibrations produced by a WET shall not be humanly perceptible beyond the property on which the WET is located.

E.

Guy Wires. SSMWETs and STMWET shall not have guy wires.

F.

Height.

1.

SSMWET Height. The height of an SSMWET shall not exceed fifteen (15) feet, measured from the highest point of the roof, excluding, chimneys, antennae, and similar protuberances.

2.

STMWET Height. The total height of an STMWET shall not exceed fifty (50) feet.

G.

Setbacks.

a.

SSMWET Setbacks. If an SSMWETs is mounted directly on a roof or other elevated structure, then it shall be set back a minimum of fifteen (15) feet from any property line, public right-of-way line, public easement, and overhead utility lines. If the SSMWET is affixed by extension to the side, roof or other elevated surface, then the setback from the property lines or public right-of-way line shall be fifteen (15) feet. The setback shall be measured from the furthest outward extension of all moving parts.

b.

STMWET Setbacks. The minimum setback of a STMWET shall be equal to the total height of the STMWET as measured from the base of the tower, to the nearest property line, public right-of-way, public easement, or utility line. Buildings that are accessory to the tower shall be setback a minimum of twenty (20) feet from all property lines.

H.

Location.

a.

SSMWET Location. An SSMWET shall not be affixed to the front façade of a structure..

b.

STMWET Location. An STMWET shall be permitted in the rear yard of a property on which a building is located.

c.

Alternate Location: If the owner or operator provides documentation that demonstrates that the WET will not function adequately in the permitted locations, then the Planning Commission and City Council may consider alternate locations on the site.

I.

Quantity. Only one (1) SSMWET or one (1) STMWET shall be permitted on each parcel of property.

J.

Electrical System. All electrical controls, wiring, grounding wiring, power lines and system components shall be placed underground within the boundary of the parcel at a sufficient depth to accommodate the permitted land use.

K.

Signal Interference. A WET shall not interfere with communication systems such as, but not limited to, radio, cellular telephone service, television, satellite or emergency communication systems.

L.

Shadow Flicker. The applicant shall conduct an analysis on potential shadow flicker at any occupied building with direct line of sight to the WET. 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 sunrise to sunset over the course of a year. The analysis shall identify situations where shadow flicker may affect the occupants of the buildings for more than thirty (30) hours per year and describe measures that shall be taken to eliminate or mitigate the problems. Shadow flicker on a building shall not exceed thirty (30) hours per year.

The following information shall be provided with any application for approval of a WET:

A.

Site Plan. A site plan shall be submitted, which shall be drawn to scale, showing the location of the proposed WET, accessory buildings or structures, and fences, as well as other buildings on the site and on adjacent properties. Dimensions and setbacks of proposed structures shall be specified.

B.

Profile. The site plan shall include a profile sheet, which shall be drawn to scale and fully dimensioned, which shall show the WET and underground facilities in profile.

C.

Zoning Ordinance Site Plan Review Requirements. The site plan shall conform to the applicable requirements of Section 4.33 of the Zoning Ordinance.

D.

Engineering Data. Engineering data shall be submitted concerning construction of the WET and its base or foundation, which shall include manufacturer specifications for all WETs and soil boring data for STMWETs.

E.

Building Permit Required. Subsequent to obtaining site plan approval, engineering, electrical, and mechanical plans, as appropriate, shall be submitted to the Building Official for the purposes of obtaining a building permit and other required permits.

F.

Noise Compliance. Documentation shall be provided to demonstrate compliance with the noise requirements set forth in this ordinance. Such documentation shall include, at minimum, ambient sound measurements taken over a two (2) week period. The location and method of taking measurements shall be approved by the Building Official prior to collection of data. The site plan shall indicate where the measurements were taken.

G.

Compliance with Agency Regulations. Documentation shall be provided to demonstrate compliance with applicable local, state, and federal regulations.

H.

Liability Insurance. Proof of liability insurance shall be provided in the amount of One Million Dollars ($1,000,000).

I.

Agreement for Decommissioning. The owner of the WET shall provide a written agreement to the City providing for decommissioning as required by this ordinance for review and approval of the City Attorney. The owner shall record this agreement with a condition that it may be removed only with approval of the City Council.

J.

Utility Company Coordination. Where net-metering is proposed, evidence shall be provided to demonstrate that the electric utility company has been informed of the customer's intent to install an interconnected, customer-owned generator and that such connection has been approved.

K.

Maintenance. The application shall describe the proposed maintenance procedures. In the case of a STMWET, the plan must state how maintenance on the tower will be accomplished.

L.

Change of Ownership. The City shall be notified of a change in ownership of a WET or a change in ownership of the property on which the WET is located.

A.

Net-Metering. If a WET is connected to an electric utility system for net-metering, it shall meet the requirements for interconnection and operation set forth in the utility's service regulations and shall be subject to inspection by the utility company.

B.

Automatic Braking. The WET shall be equipped with an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding and excessive pressure on the tower structure, rotor blades and other wind energy components unless the manufacturer certifies that a braking system is not necessary.

C.

Security Measures. Security measures shall be in place to prevent unauthorized trespass and access. Access doors and electrical equipment shall be locked and/or fenced to prevent entry by non-authorized person(s). WETs shall be designed so that it shall not be possible to climb the tower up to fifteen (15) above ground level.

D.

Warning Sign. A clearly visible warning sign shall be placed at the base of the WET. The sign shall contain the following:

a.

"Warning high voltage"

b.

Manufacturer's , owner's and operator's names

c.

Emergency contact numbers (more than one shall be provided)

E.

Structural Integrity. The structural integrity of the WET shall conform to the design standards established by the International Electrical Commission (IEC), including IEC 61400-1, "Wind Turbine Safety and Design" and IEC 61400-23 "Blade Structural Testing," or other successor standards.

A.

Timing. The owners or operators shall complete decommissioning within three (3) months after the end of the useful life of a WET. Upon request of the owner(s) or assigns of the WET, and with good cause, the City Council may grant a reasonable extension of time. A WET shall be considered at the end of its useful life if no electricity is generated for a continuous period of six (6) months. Decommissioning expenses are the responsibility of the owner(s) or operator(s).

B.

Failure to Decommission. If the owner(s) or operator(s) of a WET fails to complete decommissioning within the period described above, the City Council may designate a contractor to complete the decommissioning, in which case the expense shall be charged to the owner or become a lien on the property.

C.

Decommissioning Actions. The following decommissioning actions are required:

a.

Decommissioning shall include the removal of the tower, buildings, electrical components, and other associated facilities. Any foundation shall be removed to a minimum depth of sixty (60) inches below grade, or to the level of the bedrock if less than sixty (60) inches below grade.

b.

The site and any disturbed earth shall be stabilized, graded and cleared of any debris, and then seeded to prevent soil erosion.

Anemometers are permitted in Zoning Districts 5 and 6 as a temporary use, subject to the provisions herein.

1.

Permit Required. The construction, installation or modification of a temporary anemometer tower shall require a building permit and shall conform to all applicable local, state and federal safety, construction, environmental, electrical, communications and FAA requirements.

2.

Minimum Requirements. An anemometer shall be subject to the minimum height, setback, separation, location, safety, and decommissioning requirements that correspond to the size of the WET that is proposed to be constructed on the site.

3.

Timeframe. An anemometer shall be permitted for no more than thirteen (13) months.

(5-16-11)