Spring Lake City Zoning Code
ARTICLE XXIII
Wind Energy Turbines WETs
§ 390-183 Purpose.
The purpose of this article is to establish guidelines for siting wind energy turbines (WETs). The goals are as follows:
A.
To promote the safe, effective, and efficient use of a WET in order to reduce the consumption of fossil fuels in producing electricity.
B.
To preserve and protect public health, safety, welfare, and quality of life by minimizing the potential adverse impacts of a WET.
C.
To establish standards and procedures by which the siting, design, engineering, installation, operation, and maintenance of a WET shall be governed.
§ 390-184 Definitions.
The following words, terms, and phrases, when used in this article, shall have the meanings described to them in this section, except where the context clearly indicates a different meaning:
The amount of background noise at a given location prior to the installation of a wind energy turbine (WET) which may include, but not be limited to, traffic, machinery, lawn mowers, 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.
A temporary wind speed indicator constructed for the purpose of analyzing the potential for utilizing a wind energy turbine (WET) at a given site. This includes the tower, base plate, anchors, cables and hardware, wind direction vanes, booms to hold equipment, data logger, instrument wiring, and any telemetry devices that are used to monitor or 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.
A unit of measure used to express the magnitude of sound pressure and sound intensity. Decibels shall be measured on the dB(A) weighted scale as defined by the American National Standards Institute.
The process of terminating operation and completely removing a wind energy turbine (WET) and all related buildings, structures, foundations, access roads, and equipment.
The encasement which houses all of the generating components, gear box, drive tram, and other equipment in a wind energy turbine (WET).
A special metering and billing agreement between utility companies and their customers, which facilitates the connection of renewable energy generating systems to the power grid.
A residence, school, hospital, church, public library, business, or any other building used for public gatherings.
The entity responsible for the day-to-day operation and maintenance of a wind energy turbine (WET).
The individual or entity, including their respective successors and assigns, with equity interest in or ownership of a wind energy turbine (WET).
The cross-sectional dimension of the circle swept by the rotating blades of a wind energy turbine (WET).
The moving shadow, created by the sun shining through the rotating blades of a wind energy turbine (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 all structures, wind activity, and sunlight.
Converts wind energy into electricity through the use of equipment which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system. A SSMWET is attached to a structure's roof, walls, or other elevated surface. The SSMWET has a nameplate capacity that does not exceed 10 kilowatts. The total height does not exceed 15 feet as measured from the highest point of the roof, excluding chimneys, antennas, and other similar protuberances.
A tower-mounted wind energy system that converts wind energy into electricity through the use of equipment which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system. The STMWET has a nameplate capacity that does not exceed 30 kilowatts. The total height does not exceed 120 feet.
Any production or piece of work artificially built up or composed of parts joined together in some definite manner, including, but not limited to, buildings, radio and television towers, sheds, signs, and storage bins. As used with wind energy turbines, "structure" means any building or other structure, such as a municipal water tower that is a minimum of 12 feet high at its highest point of roof and is secured to frost-footings or a concrete slab.
The vertical distance measured from the ground level at the base of the tower to the uppermost vertical extension of any blade, or the maximum height reached by any part of a wind energy turbine (WET).
A freestanding monopole that supports a wind energy turbine (WET).
A wind energy turbine (WET) positioned in a manner so that the wind hits the turbine blades before it hits the tower in order to avoid the thumping noise which can occur if the wind is disrupted by hitting the tower before the blades.
Any structure-mounted, small wind energy conversion system that converts wind energy into electricity through the use of a wind generator, and includes the nacelle, rotor, tower, and pad transformer, if any.
§ 390-185 Applicability.
This article shall apply to the following:
A.
This article applies to all WETs proposed to be constructed after the effective date of this article.
B.
Upwind turbines shall be required.
C.
A small structure-mounted wind energy turbine (SSMWET) and a small tower-mounted wind energy turbine (STMWET) shall be considered a permitted use in all zoning districts and shall not be erected, constructed, installed, or modified as provided in this chapter unless appropriate Village permits have been issued to the WET owner(s) or WET operator(s).
D.
All WETs constructed prior to the effective date of this article shall not be required to meet the requirements of this article; however, any physical modification to an existing WET that materially alters the size, type, equipment or location shall require a permit under this chapter, in compliance with the standards of this article.
§ 390-186 Siting and design.
All SSMWETs and STMWETs must be sited and designed in accordance with the following:
A.
Visual appearance.
(1)
An SSMWET or STMWET, including accessory buildings and related structures, shall be a solid, nonreflective, nonobtrusive color (e.g., white, gray, black). The appearance of the turbine, tower, and any ancillary facility shall be maintained throughout the life of the SSMWET or STMWET.
(2)
An SSMWET or STMWET shall not be artificially lighted, except to the extent required by the FAA or other applicable authority, or unless otherwise approved by the Planning Commission.
(3)
An SSMWET or STMWET shall not be used for displaying any advertising (including flags, streamers, or decorative items), except for identification of the turbine manufacturer and safety-related signage.
B.
Ground clearance. The lowest extension of any blade or other exposed moving component of an SSMWET or STMWET shall be at least 15 feet above the ground (at the highest point of the natural grade within 30 feet of the base of the tower) and, in addition, at least 15 feet above any outdoor surfaces intended for human use, such as decks, balconies or roof gardens, that are located directly below the SSMWET or STMWET.
C.
Noise control.
(1)
Where an adjacent parcel contains a residential use or parks, schools, hospitals or churches, the noise produced by the SSMWET or STMWET may not exceed the lowest ambient sound level that exists between the hours of 9:00 p.m. and 9:00 a.m. along any adjacent property line used for such purposes.
(2)
Where no adjacent parcel contains a residential use or other use listed above, the noise produced by the SSMWET or STMWET may not exceed the lowest ambient sound level that exists between the hours of 9:00 p.m. and 9:00 a.m. on the parcel, plus five decibels dB(A).
D.
Vibration. Vibrations shall not be produced which are humanly perceptible beyond the property on which the SSMWET or STMWET is located.
E.
Shadow flicker. The SSMWET or STMWET owner(s) and/or operator(s) shall conduct an analysis on potential shadow flicker at any occupied building with direct line-of-sight to the SSMWET or STMWET. 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 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 30 hours per year.
F.
Guy wires. Guy wires shall not be permitted as part of the SSMWET or STMWET.
G.
Height. The total height of a SSMWET shall not exceed 15 feet as measured from the highest point of the roof, excluding chimneys, antennas, and other similar protuberances. The total height of an STMWET shall not exceed 120 feet.
H.
Setback. The setback for an SSMWET shall be a minimum of 15 feet from the lot line, street, private road, or overhead utility lines. The setback shall be measured from the farthest outward extension of all moving parts. The setback for an STMWET shall be at least 150 feet from any front lot line (or rear lot line in the case of a waterfront lot), and shall be set back a distance equal to or greater than the total height of the STMWET, as measured from the base of the tower, from all other lot lines, public or private streets, public easements, or overhead public utility lines.
I.
Separation. If more than one SSMWET is installed on a lot, a distance equal to the total height of the highest SSMWET must be maintained between the base of each SSMWET.
J.
Location. The SSMWET shall not be affixed to the wall on the side of a structure facing a street or private road. A STMWET may only be located in a rear yard of a lot that has an occupied building. A STMWET may be located in a side yard or front yard of a lot that has an occupied building, provided that it is set back at least 150 feet from the front lot line (or rear lot line in the case of a waterfront lot), as measured from the base of the tower.
K.
Quantity. No more than three SSMWETs shall be installed on any lot of residentially zoned or used property. The Planning Commission may allow more SSMWETs on commercially zoned properties if appropriate. No more than one STMWET shall be installed on any residentially zoned or used property. The Planning Commission may allow more STMWETs if appropriate. The Planning Commission shall consider the size of the lot, the use of the lot, the location of the proposed WETs, the use of and impact upon adjoining lots, and other relevant factors in determining if additional WETs are appropriate. No more than three SSMWETs or one STMWET shall be allowed on any single lot of residentially zoned or used property, unless specifically approved by the Planning Commission.
L.
Electrical system. All electrical controls, control wiring, grounding wires, power lines, and system components shall be placed underground within the boundary of each lot at a depth designed to accommodate the existing land use to the maximum extent practicable. Wires necessary to connect the WET to the tower wiring are exempt from this requirement.
M.
Anemometers. If an anemometer is to be installed prior to, or in conjunction with, an SSMWET or STMWET, it must be done so in accordance with the following provisions:
(1)
The construction, installation, or modification of an anemometer tower shall require a certificate of zoning compliance and applicable building, electrical or mechanical permits and shall conform to all applicable local, state, and federal applicable safety, construction, environmental, electrical, communications, and FAA requirements.
(2)
An anemometer shall be subject to the minimum requirements for height, setback, separation, location, safety, and decommissioning of this chapter that correspond to the size of the SSMWET or STMWET that is proposed to be constructed on the site.
§ 390-187 Certificate of zoning compliance application requirements.
In addition to the standard information required on a certificate of zoning compliance application form, applications for SSMWETs and STMWETs shall also include the following information and documentation:
A.
A site plan (drawn to scale) showing the proposed location of all components and ancillary equipment of the SSMWET(s) and/or STMWET(s), lot lines, physical dimensions of the lot, existing building(s), setback lines, right-of-way lines, public easements, overhead utility lines, sidewalks, nonmotorized pathways, public and private streets, and contours. The site plan must also include adjoining lots as well as the location and use of all structures.
B.
The proposed number, type, and total height of SSMWET(s) and/or STMWET(s) to be constructed; including the manufacturer and model, product specifications including maximum noise output (measured in decibels), total rated generating capacity, dimensions, rotor diameter, and a description of ancillary facilities.
C.
Documented compliance with the noise requirements set forth in this chapter.
D.
Documented compliance with applicable Village, county, state, and federal regulations, including, but not limited to, all applicable safety, construction, environmental, electrical, communications, and FAA requirements.
E.
Evidence of a net metering agreement with the utility company that contains the customer's intent to install an interconnected, customer-owned generator and that such connection has been approved. Off-grid systems shall be exempt from this requirement.
F.
For STMWET applications, a description of the methods that will be used to perform maintenance on the STMWET and the procedures for lowering or removing the STMWET in order to conduct maintenance.
G.
Verification that the SSMWET or STMWET shall not interfere with communication systems such as, but not limited to, radio, telephone, television, satellite, or emergency communication systems.
H.
Other relevant information as may be reasonably requested by the Village.
§ 390-188 Safety requirements.
All SSMWETs and STMWETs must be designed to meet the following safety requirements:
A.
If the SSMWET or STMWET is connected to a public utility system for net-metering purposes, it shall meet the requirements for interconnection and operation as set forth in the public utility's then-current service regulations meeting federal, state, and industry standards applicable to wind power generation facilities, and the connection shall be inspected by the appropriate public utility.
B.
The SSMWET or STMWET shall be equipped with an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower, rotor blades and other wind energy components unless the manufacturer certifies that a braking system is not necessary.
C.
A clearly visible warning sign regarding voltage shall be placed at the base of the SSMWET or STMWET and on the security fence if applicable. The sign shall not exceed two square feet in area and contain at least the following:
D.
The structural integrity of the SSMWET or STMWET shall conform to the applicable design standards of the International Electrical Commission, or any similar successor standards.
E.
The WET shall not interfere with communication systems such as, but not limited to, radio, telephone, television, satellite, or emergency communication systems.
F.
All spent lubricants, cooling fluids, and any other hazardous materials shall be properly and safely removed in a timely manner.
§ 390-189 Decommissioning.
Any SSMWET or STMWET that is to be decommissioned shall be done so in accordance with the following requirements:
A.
The WET owner(s) or WET operator(s) shall complete decommissioning within six months after the end of the useful life. Upon request of the WET owner(s) or WET operator(s) of the SSMWET or STMWET, and for a good cause, the Zoning Administrator may grant a reasonable extension of time. The SSMWET or STMWET will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of six months; the end of its useful life may also be established by other facts and circumstances determined by the Zoning Administrator. All decommissioning expenses are the responsibility of the WET owner(s) or WET operator(s).
B.
If the WET owner(s) or WET operator(s) fails to complete decommissioning within the period prescribed above, the Village Council may designate a contractor to complete decommissioning with the expense thereof to be charged to the violator and/or to become a lien against the property and added to the next tax statement issued for the property upon which the SSMWET or STMWET is located. If the SSMWET or STMWET is not owned by the lot owner(s), a bond, security deposit or bank letter of credit must be provided to the Village for the cost of decommissioning each SSMWET or STMWET prior to construction.
C.
In addition to the decommissioning requirements listed previously, the STMWET shall also be subject to the following:
(1)
Decommissioning shall include the removal of each STMWET, buildings, electrical components, and any other associated facilities. Any foundation shall be removed to a minimum depth of 60 inches below grade, or to the level of the bedrock if less than 60 inches below grade.
(2)
The site and any disturbed earth shall be stabilized, graded, and cleared of any debris by the WET owner(s) or its assigns. The site shall be seeded to prevent soil erosion.
(3)
All WET applications shall provide a decommissioning plan and performance bonds as necessary by the Village.
(4)
Legal agreements may be required between the WET owner/operator and the Village to ensure compliance with all decommissioning requirements.
§ 390-190 Public inquiries and complaints.
Should an aggrieved property owner allege that the SSMWET or STMWET is not in compliance with the noise or shadow flicker requirements of this chapter, the procedure shall be as follows:
A.
Noise complaint.
(1)
Notify the Village, in writing, regarding concerns about noise level. If the complaint is deemed sufficient by the Village to warrant an investigation, the Village will request the aggrieved property owner deposit funds in an amount sufficient to pay for a noise level test conducted by a certified acoustic technician to determine compliance with the requirements of this chapter.
(2)
If the test indicates that the noise level is within chapter noise requirements, the Village will use the deposit to pay for the test.
(3)
If the SSMWET or STMWET owner(s) is in violation of the noise requirements, the owner(s) shall reimburse the Village for the noise level test and take immediate action to bring the SSMWET or STMWET into compliance which may include ceasing operation of the WET until chapter violations are corrected. The Village will refund the deposit to the aggrieved property owner.
(4)
If the WET owner(s) fails to correct the violation(s), the Village Council may designate a contractor to make the corrections with the expense thereof to be charged to the violator. If the WET owner(s) fails to reimburse the Village for the noise level test the cost will become a lien against the property and added to the next tax statement issued for the property upon which the WET is located.
B.
Shadow flicker complaint.
(1)
Notify the Village, in writing, regarding concerns about the amount of shadow flicker. If the compliant is deemed sufficient by the Village to warrant an investigation, the Village will request the aggrieved property owner deposit funds in an amount sufficient to pay for a shadow flicker analysis of the turbine as constructed to determine compliance of the requirements of this chapter.
(2)
If the test indicates that the flicker shadow is within chapter noise requirements, the Village will use the deposit to pay for the test.
(3)
If the SSMWET or STMWET owner(s) is in violation of the chapter shadow flicker requirements, the owner shall take immediate action to bring the SSMWET or STMWET into compliance which may include ceasing operation of the WET until the chapter violations are corrected. The Village will refund the deposit to the aggrieved property owner.
(4)
If the WET owner(s) fails to correct the violation(s), the Village Council may designate a contractor to make the corrections with the expense thereof to be charged to the violator. If the WET owner(s) fails to reimburse the Village for the noise level test the cost will become a lien against the property and added to the next tax statement issued for the property upon which the WET is located.