26 - RENEWABLE ENERGY FACILITIES
Sections:
"Abandonment" means any renewable energy system or facility that is no longer producing power over a consecutive twelve-month period of time.
"Battery energy storage system (BESS)" means a system that stores energy, for the purpose of sale or for use in locations other than solely the BESS property. BESS facilities include, but are not limited to, the following equipment and facilities to be constructed by an electric provider or independent power producer: utility-scale batteries and components, access roads; distribution, collection, and feeder lines; wires and cables; conduit; footings; foundations; towers; poles; crossarms; guy lines and anchors; substations; interconnection or switching facilities; circuit breakers and transformers; overhead and underground control; communications and radio relay systems and telecommunications equipment; utility lines and installations; generation tie lines; monitoring stations; and accessory equipment and structures.
"Dark sky-friendly lighting" means a light fixture that is designed to minimize the amount of light that escapes upward into the sky.
"Decommission" means to remove and/or retire a renewable energy system or facility from active service.
"Facility boundary" means the boundary around a parcel, multiple parcels, or portions thereof, leased or purchased for the purposes of operating a renewable energy facility. The facility boundary may cross road rights-of-way, but required setbacks shall be provided and calculated on each side of any such road where pertinent.
"Nameplate capacity" means the designed full-load sustained generating output of an energy facility. This is determined by reference to the sustained output of an energy facility even if components of the energy facility are located on different parcels, whether contiguous or noncontiguous.
"Nonparticipating property" means a property that is adjacent to an energy facility and that is not a participating property in the energy facility.
"Occupied community building" means a school, place of worship, day-care facility, foster care facility, public library, community center, or other similar building that the applicant knows or reasonably should know is used on a regular basis as a gathering place for community members.
"Public Act 233" means the Clean and Renewable Energy and Waste Reduction Act, Public Act 233 of 2023, MCL 460.1001, et. seq., including the definitions contained in Part 8, as amended.
"Renewable energy facilities" means a battery energy storage facility, solar energy facility, or wind energy conversion facility. An energy facility may be located on more than one parcel of property, including noncontiguous parcels, but shares a single point of interconnection to the grid.
"Renewable energy systems" means a device, and/or components designed to generate renewable energy as part of a renewable energy facility.
"Solar energy facility" means a system that captures and converts solar energy into electricity, for the purpose of sale or for use in locations other than solely the solar energy facility property. Solar energy facility includes, but is not limited to, the following equipment and facilities to be constructed by an electric provider or independent power producer: photovoltaic solar panels; solar inverters; access roads; distribution, collection, and feeder lines; wires and cables; conduit; footings; foundations; towers; poles; crossarms; guy lines and anchors; substations; interconnection or switching facilities; circuit breakers and transformers; energy storage facilities; overhead and underground control; communications and radio relay systems and telecommunications equipment; utility lines and installations; generation tie lines; solar monitoring stations; and accessory equipment and structures.
"Wind energy conversion system (WECS)" means a system that captures and converts wind into electricity, for the purpose of sale or for use in locations other than solely the wind energy facility property. Wind energy facility includes, but is not limited to, the following equipment and facilities to be constructed by an electric provider or independent power producer: wind towers; wind turbines; access roads; distribution, collection, and feeder lines; wires and cables; conduit; footings; foundations; towers; poles; crossarms; guy lines and anchors; substations; interconnection or switching facilities; circuit breakers and transformers; energy storage facilities; overhead and underground control; communications and radio relay systems and telecommunications equipment; monitoring and recording equipment and facilities; erosion control facilities; utility lines and installations; generation tie lines; ancillary buildings; wind monitoring stations; and accessory equipment and structures.
Undefined words and terms. Words and terms not specifically defined in this Section 18.26.010 shall have the meaning ascribed to them in Public Act 233.
(Ord. No. 2025-02, § 1, 2-25-2025)
A.
Intent. Renewable energy facilities may only be permitted in the Renewable Energy (RE) overlay districts. The following regulations are intended to ensure the interests of the landowner and the city are achieved harmoniously with no negative effect on the long-term viability of the subject property or the surrounding properties. Where permitted in the Renewable Energy (RE) overlay zoning districts, facilities for the capture, storage, and distribution of renewable energy for commercial purposes are subject to the standards contained in this chapter.
B.
Schedules.
1.
Schedule A. All renewable energy facilities with nameplate capacities at or above the thresholds defined below shall comply with all the requirements of Public Act 233, as amended, including, but not limited to, those related to setbacks, fencing, height, sound, dark sky, placement, lighting, radar, and installation, referred to in this chapter as Schedule A. All other renewable energy facilities shall use Schedule B, below. If Public Act 233 is repealed, all applications for renewable energy facilities shall use Schedule B.
• Solar: Fifty megawatt capacity or more.
• Wind: One hundred megawatt capacity or more.
• Energy Storage: Fifty megawatts or more and an energy discharge capacity of two hundred megawatt hours or more.
a.
Schedule A Site Plans. A site plan for a Schedule A facility shall meet application requirements established by Section 18.17 of the zoning ordinance. A public hearing shall be held by the planning commission before a Schedule A site plan is voted upon. The city must take action on an Schedule A site plan application within one hundred twenty days of receiving a complete site plan application. Upon agreement of the applicant, the city may have up to an additional one hundred twenty days to take action.
The Schedule A site plan submitted to the city shall additionally include the following:
i.
The location and a description of the energy facility.
ii.
A description of the anticipated effects of the energy facility on the environment, natural resources, and solid waste disposal capacity, which may include records of consultation with relevant state, tribal, and federal agencies.
2.
Schedule B: Proposed renewable energy facilities with a nameplate capacity under that regulated by Public Act 233 shall seek approval from the city by submitting a site plan which complies with the following:
a.
Solar Energy Facilities. Solar energy facilities with an energy output of less than fifty megawatts shall submit a site plan that complies with the following:
(1)
Setbacks. Solar energy facilities shall maintain the minimum setbacks set forth below. The minimum setbacks shall apply to all related accessory equipment.
In instances where the renewable energy facility is comprised of multiple parcels, these setbacks shall apply to the exterior perimeter of each adjoining parcel. All setback distances are measured from the property line, to the closest point of the solar energy system. Should the nearest component of the solar energy system be a solar or photovoltaic array, the measurement shall be taken from the array at minimum tilt.
(2)
Lot Coverage. The area of the solar energy facility and any associated accessory structures shall not exceed seventy-five percent of the square footage of the entire site within the facility boundary. Impervious surfaces for the purpose of calculating lot coverage for solar energy systems include, but are not limited to, mounting pads, footings, concrete or asphalt driveways and walkways, and accessory structures.
(3)
Height. The height of the solar energy system and any mounts, buildings, accessory structures, and related equipment must not exceed twenty-five feet when orientated at maximum tilt. Lightning rods may exceed twenty-five feet in height, but they must be limited to the height necessary to protect the solar energy system from lightning and clearly shown in site plan proposals.
(4)
Screening. Greenbelt screening is required around the entire facility boundary perimeter to obscure, to the greatest extent possible, the solar energy facility from all adjacent properties. Greenbelt standards set forth in Section 18.14.020. All lot lines shall be required to use buffer type A requirements set forth in table 14.02 B. Each owner, operator, or maintainer of a solar energy facility to which this chapter applies 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. Applicant agrees to submit an acceptable and reasonable long term landscape maintenance plan prior to final approval. The planning commission may modify these requirements if it reasonable determines it necessary as it relates to proposed placement of solar energy facility and adjacent land uses and/or zoning.
(5)
Fencing. The facility boundary perimeter of a solar energy facility must be fenced. Fences shall not exceed eight feet in eight and be constructed of aluminum, wrought iron, or chain link. Additional fencing or screen walls, as set forth in Section 18.13.050 may be required for screening or security purposes in cases where the planning commission deems necessary. All fencing must comply with the latest version of the National Electrical Code. In instances where solar energy facilities abut residential uses, the planning commission may require screen walls.
(6)
Glare. Solar energy systems must be placed and oriented such that concentrated solar radiation, or glare does not project onto roadways and nearby properties. Applicants have the burden of proving any glare produced does not cause annoyance, discomfort, or loss in visual performance and visibility. An analysis by a qualified professional third-party, mutually agreeable by both the city and applicant, shall be required to determine if glare from the solar energy system will be visible from nearby residents and roadways. The analysis shall consider the changing position of the sun throughout the day and year, and its influence on the solar energy system.
(7)
Drainage and Stormwater. Solar energy facilities shall not increase stormwater runoff onto adjacent properties. The application shall include a drainage plan prepared by a registered civil engineer showing how stormwater runoff shall be managed and demonstrating that runoff from the site shall not cause undue flooding. Any necessary permits from outside agencies for off-site discharge shall be provided. It should also be demonstrated that maintenance procedures and products will not introduce chemicals or create detrimental impacts to the natural environment, groundwater, and wildlife.
(8)
Noise. Solar energy facilities must conform to the zoning standards set forth in Section 18.12.130 E.
(9)
Code Compliance. All dedicated use buildings, and all other buildings or structures that (1) contain or are otherwise associated with a renewable energy system and (2) subject to the building code shall be designed, erected, and installed in accordance with all applicable provisions of the building code, all applicable state and federal regulations, and industry standards as referenced in the building code and the Wixom Zoning Ordinance.
(10)
Battery Energy Storage Systems (BESS). BESS facilities with an energy output of less than fifty megawatts, and an energy storage capability of less than two hundred megawatts, shall submit a site plan that complies with the following:
(a)
Setbacks. BESS facilities shall maintain the minimum setbacks set forth below. The minimum setbacks shall apply to all related accessory equipment.
In instances where the renewable energy facility is comprised of multiple parcels, these setbacks shall apply to the exterior perimeter of each adjoining parcel. All setback distances are measured from the property line, to the closest point of the renewable energy system.
(b)
Lot Coverage. The area of the BESS and any associated accessory structures shall not exceed forty percent of the square footage of the entire site within the facility boundary. Impervious surfaces for the purpose of calculating lot coverage for BESS include, but are not limited to, mounting pads, footings, concrete or asphalt driveways and walkways, and accessory structures.
(c)
Height. The height of the BESS or any structure constructed to enclose the system shall not exceed forty-five feet.
(d)
Screening. Greenbelt screening is required around the entire facility boundary perimeter to obscure, to the greatest extent possible, the BESS from all adjacent properties. Greenbelt standards set forth in Section 18.14.020. All lot lines shall be required to use buffer type A requirements set forth in table 14.02 B. Each owner, operator, or maintainer of a BESS facility to which this chapter applies 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. Applicant agrees to submit an acceptable and reasonable long term landscape maintenance plan prior to final approval. The Planning Commission may modify these requirements if it reasonable determines it necessary as it relates to proposed placement of solar energy facility and adjacent land uses and/or zoning.
(e)
Fencing. The facility boundary perimeter of a BESS facility must be fenced. Fences shall not exceed eight feet in eight and be constructed of aluminum, wrought iron, or chain link. Additional fencing or screen walls, as set forth in Section 18.13.050 may be required for screening or security purposes in cases where the planning commission deems necessary. All fencing must comply with the latest version of the National Electrical Code. In instances where solar energy facilities abut residential uses, the planning commission may require screen walls.
(f)
Drainage and Stormwater. BESS facilities shall not increase stormwater runoff onto adjacent properties. The application shall include a drainage plan prepared by a registered civil engineer showing how stormwater runoff shall be managed and demonstrating that runoff from the site shall not cause undue flooding. Any necessary permits from outside agencies for off-site discharge shall be provided. It should also be demonstrated that maintenance procedures and products will not introduce chemicals or create detrimental impacts to the natural environment, groundwater, and wildlife.
(g)
Noise. BESS facilities must conform to the zoning standards set forth in Section 18.12.130 E.
(h)
Code Compliance. All dedicated use buildings, and all other buildings or structures that (1) contain or are otherwise associated with a renewable energy system and (2) subject to the building code shall be designed, erected, and installed in accordance with all applicable provisions of the building code, all applicable state and federal regulations, and industry standards as referenced in the building code and the Wixom Zoning Ordinance.
(i)
Wind Energy Conversion System (WECS). Wind energy facilities with an energy output of less than one hundred megawatts shall submit a site plan that complies with the following:
(i)
Design Safety Certification. The safety of the design of all WECS structures shall comply with all current applicable state of Michigan guidelines and standards.
(ii)
Interference. All WECS structures shall be certified by the manufacturer to minimize or mitigate interference with existing electromagnetic communications, such as radio, telephone, microwave or television signals.
(iii)
Setbacks. The distance between a WECS and the nearest property line and/or nearest road right-of-way shall be at least one and one-half times the height of the WECS. No part of the WECS structure, including guy wire anchors, may extend closer than ten feet to the property line.
All
accessory equipment shall be setback at least one hundred feet from the nearest property line. Setback requirements for all yards may be increased or decreased by the planning commission based upon impacts to existing land uses and/or zoning of adjacent properties.
(iv)
Shadow Flicker. Each wind tower shall be sited such that any occupied community building or nonparticipating residence will not experience more than thirty hours per year of shadow flicker under planned operating conditions as indicated by industry standard computer modeling.
(v)
Height. Each wind tower blade tip shall not exceed the height allowed under a Determination of No Hazard to Air Navigation by the Federal Aviation Administration under 14 CFR part 77.
(vi)
Lighting. The WECS shall be equipped with a functioning light-mitigating technology. To allow proper conspicuity of a wind turbine at night during construction, a turbine may be lighted with temporary lighting until the permanent lighting configuration, including the light-mitigating technology, is implemented. The planning commission may grant a temporary exemption from the requirements of this subparagraph if installation of appropriate light-mitigating technology is not feasible. A request for a temporary exemption must be in writing and state all of the following:
a.
The purpose of the exemption.
b.
The proposed length of the exemption.
c.
A description of the light-mitigating technologies submitted to the Federal Aviation Administration.
d.
The technical or economic reason a light-mitigating technology is not feasible.
e.
Any other relevant information requested by the planning commission.
(vii)
Guy Wires. If an on-site WECS is supported by guy wires, the wires shall be clearly visible to a height of at least six feet above the guy wire anchors.
(viii)
Fencing. The facility boundary perimeter of a WECS shall be fenced. Fences shall not exceed eight feet in eight and be constructed of aluminum, wrought iron, or chain link. Additional fencing or screen walls, as set forth in Section 18.13.050 may be required for screening or security purposes in cases where the planning commission deems necessary. All fencing must comply with the latest version of the National Electrical Code. In instances where solar energy facilities abut residential uses, the planning commission may require screen walls.
(ix)
Noise. WECS facilities must conform to the zoning standards set forth in Section 18.12.130 E.
(x)
Color. Towers and blades shall be a non-reflective neutral color.
(xi)
Controls and Brakes. All commercial WECS structures shall be equipped with manual and automatic controls to limit rotation of blades to a speed below the designed limits of the WECS. The professional engineer must certify that the rotor and overspeed control design and fabrication conform to applicable design standards. No changes or alterations from certified design shall be permitted unless accompanied by a professional engineer's statement of certification.
(xii)
Compliance with FAA. It shall be the responsibility of the applicant to obtain the appropriate FAA permits for the WECS structure, or to obtain a determination of no significant impact to air navigation from the FAA.
(xiii)
Climb Prevention. All commercial WECS structures must be protected by anti-climbing devices.
(xiv)
Warning Signage. A visible warning sign of high voltage is required to be placed at the base of all commercial WECS structures. Such signs shall also be located at all points of site ingress and egress and exterior fences.
(11)
Standards for all Schedule B Renewable Energy Facilities.
(a)
Abandonment, Removal, Repowering and/or Maintenance. If a Schedule B renewable energy facility ceases to perform its intended function (generating electricity) for more than twelve consecutive months, the operator shall remove all associated equipment and facilities no later than ninety days after the end of the twelve-month period. Where the removal has not been lawfully completed as required above, and after at least thirty days' written notice, the city may remove or secure the removal of the renewable energy facility and/or system or if due to abandonment and/or negligence to maintain, the city shall have the right to enter the site for the reason of repowering the facility, in cases where repairs or replacements to the renewable energy system components are necessary, in order to properly maintain the system. The city's actual cost and an administrative charge of twenty-five percent shall be paid by the operator. Charges may include the procurement of a contractor with the expertise to oversee and execute the entire set of repairs and/or maintenance to restore the site to its original capacity. Any costs incurred by the city above and beyond the value of the performance guarantee will be the responsibility of the operator.
(b)
Decommissioning. The ground shall be restored to its original condition within sixty days of removal of structures. The restoration will include returning all soil within the facility to its original environmental state of which record must be taken prior to the commencement of construction. Acceptable ground covers include grasses, trees, crops, or other material demonstrated to be characteristic of the surrounding land. All above and below ground materials shall be removed when the renewable energy facility and/or system is decommissioned. All installed landscaping and greenbelts shall be permitted to remain on the site as well as any reusable infrastructure including, but not limited to, services drives, parking areas, and utilities, as determined by the city.
(c)
Performance Guaranty. An automatically renewing irrevocable letter of credit, cash deposit, or other security instrument in a form acceptable to the city will by posted by the owner(s) and/or operator of the renewable energy facility in an amount equal to equal to one-hundred fifty percent of the total estimated decommissioning and/or reclamation costs. The applicant shall engage a certified professional engineer acceptable to the city to estimate the total cost of decommissioning all structures in the facility in accordance with the requirements of this chapter, including reclamation to the original site conditions. The cost of decommissioning shall be re-reviewed and submitted to the city annually to ensure adequate funds are allocated for decommissioning. The city shall have the right to evaluate the performance guarantee at least every five years to assess whether it should be appropriately adjusted to reflect the current decommissioning estimate. The performance guarantee shall remain in place until decommissioning and removal has been completed to the satisfaction of the city.
If at any time during the operation of the renewable energy facility or prior to, during, or after the sale or transfer of ownership and/or operation of the facility the performance guarantee is not maintained, the city may take any action permitted by law, order a cessation of operations, and order removal of the structure and reclamation of the site.
(d)
Provision of Manufacturers' Safety Data Sheet(s). The applicant must submit manufacturer safety data sheets for all proposed equipment. If approval is granted, the applicant must provide the city with finalized manufacturer safety data sheets both to be kept on record at with the city and on-site in a clearly marked waterproof container. Applicants must provide updated manufacturer data sheets whenever equipment is modified so that all records are up to date. Documentation shall include the type and quantity of all materials used in the operation of all equipment.
(e)
Fire Response. All electrical equipment associated with and necessary for the operations of the facility shall comply with all local and state codes. All design and installation work shall comply with all applicable provisions of the National Electrical Code (NEC).
The applicant shall provide training, at no cost to the city, before, approximately halfway through, and after construction, for all emergency service departments serving the city. All three trainings must have been completed to receive final permits. Training upon the completion and during the operation of the renewable energy facility will be conducted at the request of all emergency service departments but will not exceed four trainings per any given twelve-month period.
The applicant shall provide an emergency response plan including a set of procedures and protocols for managing risk or fire and for responding in the event of an emergency at the facility. It will be the burden of the applicant to ensure said procedures and protocols provided to the various emergency service departments is the most up to date version.
Special equipment that may be required to ensure the safety of fire and rescue personnel when responding to an emergency at the facility shall be provided at no cost to the city prior to commencement of construction of the facility. The authority to determine whether, and what type of, special equipment is needed shall be with the fire and/or rescue department(s) serving the city.
The applicant shall provide for and maintain reasonable means of access for emergency services. Lock boxes and keys shall be provided at locked entrances for emergency personnel access. If any adjoining properties are damaged as a result of ingress/egress to the facility, the applicant shall remedy all damages in full.
(f)
Anticipated Construction Schedule. Applicant must provide an anticipated construction schedule which highlights when potentially hazardous materials will be brought on-site and installed.
(g)
Permits. Applicant must coordinate with all applicable agencies for required permitting, including, but not limited to, the Road Commission for Oakland County and/or Michigan Department of Transportation (MDOT), Oakland County Water Resources Commission (WRC), Environmental Protection Agency (EPA), Michigan Department of Environment, Great Lakes and Energy (EGLE).
(h)
Photographic Record. Applicant must submit a set of photos or aerial and video of the entire development area prior to construction. This will be used as historical documentation for the city to secure and refer to if/when decommissioning and redevelopment activities take place.
(i)
Site Security. A security plan shall be submitted with the site plan application for a renewable energy facility. The security plan shall:
(i)
Show all points of secured access as well as the means for limiting access to authorized personnel only.
(ii)
Along with other signage requirements in this chapter, install and maintain warning signage on all dangerous equipment and facility entrances.
(iii)
Provide a schedule outlining the implementation and maintenance of site security as well evidence of routine inspections as required by the Michigan Public Service Commission to ensure site security infrastructure is intact and operating as intended.
(j)
Indemnity. Applicant will indemnify and hold the city harmless from any costs or liability arising from the approval, installation, construction, maintenance, use, repair, or removal of the renewable energy facility, which is subject to the city's review and approval.
b.
Schedule B Site Plans. Applications for all Schedule B facilities shall be accompanied by detailed site plans, drawn to scale and certified by a registered engineer licensed in the state of Michigan. All site plans shall conform to the requirements of Chapter 18.17 of the zoning ordinance. A public hearing shall be held by the planning commission meeting before a Schedule B site plan is voted upon. In addition, site plans shall contain the following information:
(1)
Horizontal and vertical to scale drawings (elevations) with dimensions that show the location of the proposed solar array(s), wind turbines and BESS, buildings, structures, electrical tie lines and transmission lines, security fencing and all above ground structures and utilities on the property.
(2)
Location of all existing and proposed overhead and underground electrical transmission or distribution lines within the renewable energy facility and within one hundred feet of all facility boundary property lines. Use of above-ground lines shall be kept to a minimum.
(3)
Proposed security measures to prevent unauthorized trespass and access during the construction, operation, removal, maintenance or repair of the renewable energy facility. In no instance shall barbed wire be used. The applicant shall provide a plan outlining the implementation and maintenance of site security and allow routine inspections by the city building official to ensure site security infrastructure is intact and operating as intended.
(4)
A written description of the maintenance program to be used for the renewable energy facility, including decommissioning and removal. The description shall include maintenance schedules, types of maintenance to be performed, and decommissioning and removal procedures and schedules if the renewable energy facility is decommissioned. Description should include the average useful life of all primary renewable energy system equipment and components being proposed.
(5)
Any information necessary to verify the conformance with requirements set forth in Part a, b, c, or d of this section.
(6)
Additional detail(s) and information as required by the planning commission and/or city.
c.
Schedule B Required Studies. All studies/analyses listed below may be required for Schedule B facilities.
(1)
Stormwater Study. An analysis by a qualified professional third-party, mutually agreeable to both the city and applicant, shall be required to account for the proposed layout of the solar energy facility or BESS facility and how the spacing, row separation, and slope affects stormwater infiltration, including calculations for a one hundred-year rain-event (storm). Percolation tests or site-specific soil information shall be provided to demonstrate infiltration on-site without the use of engineered solutions.
(2)
Wildlife Impact Analysis: The applicant shall provide an analysis by a qualified professional third-party, mutually agreeable to both the city and applicant, 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. 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 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, or 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. The applicant shall follow all pre-construction and post-construction recommendations of the United States Fish and Wildlife Service. 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 aboveground lines, transformers, or conductors should follow any Avian Power Line Interaction Committee (APLIC, http://www.aplic.org/) guidelines to prevent avian mortality.
(3)
Natural Feature Preservation Study. The plan for installation of a renewable energy facility shall include a tree survey and plan for cutting of trees greater than six inches DBA. No such trees shall be cut in any required setback other than those reasonably required for the installation of a drive to access the facility. Retention of natural grades, soils, and groundcover material is encouraged where feasible.
(4)
Environmental Impact Analysis. An analysis by a qualified professional third-party, mutually agreeable to both the city and applicant, shall be required to identify and assess any potential impacts on the natural environment including, but not limited to, wetlands and other fragile ecosystems, historical and cultural sites, and antiquities. The applicant shall take appropriate measures to minimize, eliminate, or mitigate adverse impacts identified in the analysis.
(Ord. No. 2025-02, § 1, 2-25-2025)
The city by resolution will set the fees for review of Schedule A and Schedule B site plans. The city may require additional fees for review of Schedule B site plans since specialized reviews may be necessary for items unique to Schedule B site plans, such as, but not limited to, security plans.
(Ord. No. 2025-02, § 1, 2-25-2025)
26 - RENEWABLE ENERGY FACILITIES
Sections:
"Abandonment" means any renewable energy system or facility that is no longer producing power over a consecutive twelve-month period of time.
"Battery energy storage system (BESS)" means a system that stores energy, for the purpose of sale or for use in locations other than solely the BESS property. BESS facilities include, but are not limited to, the following equipment and facilities to be constructed by an electric provider or independent power producer: utility-scale batteries and components, access roads; distribution, collection, and feeder lines; wires and cables; conduit; footings; foundations; towers; poles; crossarms; guy lines and anchors; substations; interconnection or switching facilities; circuit breakers and transformers; overhead and underground control; communications and radio relay systems and telecommunications equipment; utility lines and installations; generation tie lines; monitoring stations; and accessory equipment and structures.
"Dark sky-friendly lighting" means a light fixture that is designed to minimize the amount of light that escapes upward into the sky.
"Decommission" means to remove and/or retire a renewable energy system or facility from active service.
"Facility boundary" means the boundary around a parcel, multiple parcels, or portions thereof, leased or purchased for the purposes of operating a renewable energy facility. The facility boundary may cross road rights-of-way, but required setbacks shall be provided and calculated on each side of any such road where pertinent.
"Nameplate capacity" means the designed full-load sustained generating output of an energy facility. This is determined by reference to the sustained output of an energy facility even if components of the energy facility are located on different parcels, whether contiguous or noncontiguous.
"Nonparticipating property" means a property that is adjacent to an energy facility and that is not a participating property in the energy facility.
"Occupied community building" means a school, place of worship, day-care facility, foster care facility, public library, community center, or other similar building that the applicant knows or reasonably should know is used on a regular basis as a gathering place for community members.
"Public Act 233" means the Clean and Renewable Energy and Waste Reduction Act, Public Act 233 of 2023, MCL 460.1001, et. seq., including the definitions contained in Part 8, as amended.
"Renewable energy facilities" means a battery energy storage facility, solar energy facility, or wind energy conversion facility. An energy facility may be located on more than one parcel of property, including noncontiguous parcels, but shares a single point of interconnection to the grid.
"Renewable energy systems" means a device, and/or components designed to generate renewable energy as part of a renewable energy facility.
"Solar energy facility" means a system that captures and converts solar energy into electricity, for the purpose of sale or for use in locations other than solely the solar energy facility property. Solar energy facility includes, but is not limited to, the following equipment and facilities to be constructed by an electric provider or independent power producer: photovoltaic solar panels; solar inverters; access roads; distribution, collection, and feeder lines; wires and cables; conduit; footings; foundations; towers; poles; crossarms; guy lines and anchors; substations; interconnection or switching facilities; circuit breakers and transformers; energy storage facilities; overhead and underground control; communications and radio relay systems and telecommunications equipment; utility lines and installations; generation tie lines; solar monitoring stations; and accessory equipment and structures.
"Wind energy conversion system (WECS)" means a system that captures and converts wind into electricity, for the purpose of sale or for use in locations other than solely the wind energy facility property. Wind energy facility includes, but is not limited to, the following equipment and facilities to be constructed by an electric provider or independent power producer: wind towers; wind turbines; access roads; distribution, collection, and feeder lines; wires and cables; conduit; footings; foundations; towers; poles; crossarms; guy lines and anchors; substations; interconnection or switching facilities; circuit breakers and transformers; energy storage facilities; overhead and underground control; communications and radio relay systems and telecommunications equipment; monitoring and recording equipment and facilities; erosion control facilities; utility lines and installations; generation tie lines; ancillary buildings; wind monitoring stations; and accessory equipment and structures.
Undefined words and terms. Words and terms not specifically defined in this Section 18.26.010 shall have the meaning ascribed to them in Public Act 233.
(Ord. No. 2025-02, § 1, 2-25-2025)
A.
Intent. Renewable energy facilities may only be permitted in the Renewable Energy (RE) overlay districts. The following regulations are intended to ensure the interests of the landowner and the city are achieved harmoniously with no negative effect on the long-term viability of the subject property or the surrounding properties. Where permitted in the Renewable Energy (RE) overlay zoning districts, facilities for the capture, storage, and distribution of renewable energy for commercial purposes are subject to the standards contained in this chapter.
B.
Schedules.
1.
Schedule A. All renewable energy facilities with nameplate capacities at or above the thresholds defined below shall comply with all the requirements of Public Act 233, as amended, including, but not limited to, those related to setbacks, fencing, height, sound, dark sky, placement, lighting, radar, and installation, referred to in this chapter as Schedule A. All other renewable energy facilities shall use Schedule B, below. If Public Act 233 is repealed, all applications for renewable energy facilities shall use Schedule B.
• Solar: Fifty megawatt capacity or more.
• Wind: One hundred megawatt capacity or more.
• Energy Storage: Fifty megawatts or more and an energy discharge capacity of two hundred megawatt hours or more.
a.
Schedule A Site Plans. A site plan for a Schedule A facility shall meet application requirements established by Section 18.17 of the zoning ordinance. A public hearing shall be held by the planning commission before a Schedule A site plan is voted upon. The city must take action on an Schedule A site plan application within one hundred twenty days of receiving a complete site plan application. Upon agreement of the applicant, the city may have up to an additional one hundred twenty days to take action.
The Schedule A site plan submitted to the city shall additionally include the following:
i.
The location and a description of the energy facility.
ii.
A description of the anticipated effects of the energy facility on the environment, natural resources, and solid waste disposal capacity, which may include records of consultation with relevant state, tribal, and federal agencies.
2.
Schedule B: Proposed renewable energy facilities with a nameplate capacity under that regulated by Public Act 233 shall seek approval from the city by submitting a site plan which complies with the following:
a.
Solar Energy Facilities. Solar energy facilities with an energy output of less than fifty megawatts shall submit a site plan that complies with the following:
(1)
Setbacks. Solar energy facilities shall maintain the minimum setbacks set forth below. The minimum setbacks shall apply to all related accessory equipment.
In instances where the renewable energy facility is comprised of multiple parcels, these setbacks shall apply to the exterior perimeter of each adjoining parcel. All setback distances are measured from the property line, to the closest point of the solar energy system. Should the nearest component of the solar energy system be a solar or photovoltaic array, the measurement shall be taken from the array at minimum tilt.
(2)
Lot Coverage. The area of the solar energy facility and any associated accessory structures shall not exceed seventy-five percent of the square footage of the entire site within the facility boundary. Impervious surfaces for the purpose of calculating lot coverage for solar energy systems include, but are not limited to, mounting pads, footings, concrete or asphalt driveways and walkways, and accessory structures.
(3)
Height. The height of the solar energy system and any mounts, buildings, accessory structures, and related equipment must not exceed twenty-five feet when orientated at maximum tilt. Lightning rods may exceed twenty-five feet in height, but they must be limited to the height necessary to protect the solar energy system from lightning and clearly shown in site plan proposals.
(4)
Screening. Greenbelt screening is required around the entire facility boundary perimeter to obscure, to the greatest extent possible, the solar energy facility from all adjacent properties. Greenbelt standards set forth in Section 18.14.020. All lot lines shall be required to use buffer type A requirements set forth in table 14.02 B. Each owner, operator, or maintainer of a solar energy facility to which this chapter applies 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. Applicant agrees to submit an acceptable and reasonable long term landscape maintenance plan prior to final approval. The planning commission may modify these requirements if it reasonable determines it necessary as it relates to proposed placement of solar energy facility and adjacent land uses and/or zoning.
(5)
Fencing. The facility boundary perimeter of a solar energy facility must be fenced. Fences shall not exceed eight feet in eight and be constructed of aluminum, wrought iron, or chain link. Additional fencing or screen walls, as set forth in Section 18.13.050 may be required for screening or security purposes in cases where the planning commission deems necessary. All fencing must comply with the latest version of the National Electrical Code. In instances where solar energy facilities abut residential uses, the planning commission may require screen walls.
(6)
Glare. Solar energy systems must be placed and oriented such that concentrated solar radiation, or glare does not project onto roadways and nearby properties. Applicants have the burden of proving any glare produced does not cause annoyance, discomfort, or loss in visual performance and visibility. An analysis by a qualified professional third-party, mutually agreeable by both the city and applicant, shall be required to determine if glare from the solar energy system will be visible from nearby residents and roadways. The analysis shall consider the changing position of the sun throughout the day and year, and its influence on the solar energy system.
(7)
Drainage and Stormwater. Solar energy facilities shall not increase stormwater runoff onto adjacent properties. The application shall include a drainage plan prepared by a registered civil engineer showing how stormwater runoff shall be managed and demonstrating that runoff from the site shall not cause undue flooding. Any necessary permits from outside agencies for off-site discharge shall be provided. It should also be demonstrated that maintenance procedures and products will not introduce chemicals or create detrimental impacts to the natural environment, groundwater, and wildlife.
(8)
Noise. Solar energy facilities must conform to the zoning standards set forth in Section 18.12.130 E.
(9)
Code Compliance. All dedicated use buildings, and all other buildings or structures that (1) contain or are otherwise associated with a renewable energy system and (2) subject to the building code shall be designed, erected, and installed in accordance with all applicable provisions of the building code, all applicable state and federal regulations, and industry standards as referenced in the building code and the Wixom Zoning Ordinance.
(10)
Battery Energy Storage Systems (BESS). BESS facilities with an energy output of less than fifty megawatts, and an energy storage capability of less than two hundred megawatts, shall submit a site plan that complies with the following:
(a)
Setbacks. BESS facilities shall maintain the minimum setbacks set forth below. The minimum setbacks shall apply to all related accessory equipment.
In instances where the renewable energy facility is comprised of multiple parcels, these setbacks shall apply to the exterior perimeter of each adjoining parcel. All setback distances are measured from the property line, to the closest point of the renewable energy system.
(b)
Lot Coverage. The area of the BESS and any associated accessory structures shall not exceed forty percent of the square footage of the entire site within the facility boundary. Impervious surfaces for the purpose of calculating lot coverage for BESS include, but are not limited to, mounting pads, footings, concrete or asphalt driveways and walkways, and accessory structures.
(c)
Height. The height of the BESS or any structure constructed to enclose the system shall not exceed forty-five feet.
(d)
Screening. Greenbelt screening is required around the entire facility boundary perimeter to obscure, to the greatest extent possible, the BESS from all adjacent properties. Greenbelt standards set forth in Section 18.14.020. All lot lines shall be required to use buffer type A requirements set forth in table 14.02 B. Each owner, operator, or maintainer of a BESS facility to which this chapter applies 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. Applicant agrees to submit an acceptable and reasonable long term landscape maintenance plan prior to final approval. The Planning Commission may modify these requirements if it reasonable determines it necessary as it relates to proposed placement of solar energy facility and adjacent land uses and/or zoning.
(e)
Fencing. The facility boundary perimeter of a BESS facility must be fenced. Fences shall not exceed eight feet in eight and be constructed of aluminum, wrought iron, or chain link. Additional fencing or screen walls, as set forth in Section 18.13.050 may be required for screening or security purposes in cases where the planning commission deems necessary. All fencing must comply with the latest version of the National Electrical Code. In instances where solar energy facilities abut residential uses, the planning commission may require screen walls.
(f)
Drainage and Stormwater. BESS facilities shall not increase stormwater runoff onto adjacent properties. The application shall include a drainage plan prepared by a registered civil engineer showing how stormwater runoff shall be managed and demonstrating that runoff from the site shall not cause undue flooding. Any necessary permits from outside agencies for off-site discharge shall be provided. It should also be demonstrated that maintenance procedures and products will not introduce chemicals or create detrimental impacts to the natural environment, groundwater, and wildlife.
(g)
Noise. BESS facilities must conform to the zoning standards set forth in Section 18.12.130 E.
(h)
Code Compliance. All dedicated use buildings, and all other buildings or structures that (1) contain or are otherwise associated with a renewable energy system and (2) subject to the building code shall be designed, erected, and installed in accordance with all applicable provisions of the building code, all applicable state and federal regulations, and industry standards as referenced in the building code and the Wixom Zoning Ordinance.
(i)
Wind Energy Conversion System (WECS). Wind energy facilities with an energy output of less than one hundred megawatts shall submit a site plan that complies with the following:
(i)
Design Safety Certification. The safety of the design of all WECS structures shall comply with all current applicable state of Michigan guidelines and standards.
(ii)
Interference. All WECS structures shall be certified by the manufacturer to minimize or mitigate interference with existing electromagnetic communications, such as radio, telephone, microwave or television signals.
(iii)
Setbacks. The distance between a WECS and the nearest property line and/or nearest road right-of-way shall be at least one and one-half times the height of the WECS. No part of the WECS structure, including guy wire anchors, may extend closer than ten feet to the property line.
All
accessory equipment shall be setback at least one hundred feet from the nearest property line. Setback requirements for all yards may be increased or decreased by the planning commission based upon impacts to existing land uses and/or zoning of adjacent properties.
(iv)
Shadow Flicker. Each wind tower shall be sited such that any occupied community building or nonparticipating residence will not experience more than thirty hours per year of shadow flicker under planned operating conditions as indicated by industry standard computer modeling.
(v)
Height. Each wind tower blade tip shall not exceed the height allowed under a Determination of No Hazard to Air Navigation by the Federal Aviation Administration under 14 CFR part 77.
(vi)
Lighting. The WECS shall be equipped with a functioning light-mitigating technology. To allow proper conspicuity of a wind turbine at night during construction, a turbine may be lighted with temporary lighting until the permanent lighting configuration, including the light-mitigating technology, is implemented. The planning commission may grant a temporary exemption from the requirements of this subparagraph if installation of appropriate light-mitigating technology is not feasible. A request for a temporary exemption must be in writing and state all of the following:
a.
The purpose of the exemption.
b.
The proposed length of the exemption.
c.
A description of the light-mitigating technologies submitted to the Federal Aviation Administration.
d.
The technical or economic reason a light-mitigating technology is not feasible.
e.
Any other relevant information requested by the planning commission.
(vii)
Guy Wires. If an on-site WECS is supported by guy wires, the wires shall be clearly visible to a height of at least six feet above the guy wire anchors.
(viii)
Fencing. The facility boundary perimeter of a WECS shall be fenced. Fences shall not exceed eight feet in eight and be constructed of aluminum, wrought iron, or chain link. Additional fencing or screen walls, as set forth in Section 18.13.050 may be required for screening or security purposes in cases where the planning commission deems necessary. All fencing must comply with the latest version of the National Electrical Code. In instances where solar energy facilities abut residential uses, the planning commission may require screen walls.
(ix)
Noise. WECS facilities must conform to the zoning standards set forth in Section 18.12.130 E.
(x)
Color. Towers and blades shall be a non-reflective neutral color.
(xi)
Controls and Brakes. All commercial WECS structures shall be equipped with manual and automatic controls to limit rotation of blades to a speed below the designed limits of the WECS. The professional engineer must certify that the rotor and overspeed control design and fabrication conform to applicable design standards. No changes or alterations from certified design shall be permitted unless accompanied by a professional engineer's statement of certification.
(xii)
Compliance with FAA. It shall be the responsibility of the applicant to obtain the appropriate FAA permits for the WECS structure, or to obtain a determination of no significant impact to air navigation from the FAA.
(xiii)
Climb Prevention. All commercial WECS structures must be protected by anti-climbing devices.
(xiv)
Warning Signage. A visible warning sign of high voltage is required to be placed at the base of all commercial WECS structures. Such signs shall also be located at all points of site ingress and egress and exterior fences.
(11)
Standards for all Schedule B Renewable Energy Facilities.
(a)
Abandonment, Removal, Repowering and/or Maintenance. If a Schedule B renewable energy facility ceases to perform its intended function (generating electricity) for more than twelve consecutive months, the operator shall remove all associated equipment and facilities no later than ninety days after the end of the twelve-month period. Where the removal has not been lawfully completed as required above, and after at least thirty days' written notice, the city may remove or secure the removal of the renewable energy facility and/or system or if due to abandonment and/or negligence to maintain, the city shall have the right to enter the site for the reason of repowering the facility, in cases where repairs or replacements to the renewable energy system components are necessary, in order to properly maintain the system. The city's actual cost and an administrative charge of twenty-five percent shall be paid by the operator. Charges may include the procurement of a contractor with the expertise to oversee and execute the entire set of repairs and/or maintenance to restore the site to its original capacity. Any costs incurred by the city above and beyond the value of the performance guarantee will be the responsibility of the operator.
(b)
Decommissioning. The ground shall be restored to its original condition within sixty days of removal of structures. The restoration will include returning all soil within the facility to its original environmental state of which record must be taken prior to the commencement of construction. Acceptable ground covers include grasses, trees, crops, or other material demonstrated to be characteristic of the surrounding land. All above and below ground materials shall be removed when the renewable energy facility and/or system is decommissioned. All installed landscaping and greenbelts shall be permitted to remain on the site as well as any reusable infrastructure including, but not limited to, services drives, parking areas, and utilities, as determined by the city.
(c)
Performance Guaranty. An automatically renewing irrevocable letter of credit, cash deposit, or other security instrument in a form acceptable to the city will by posted by the owner(s) and/or operator of the renewable energy facility in an amount equal to equal to one-hundred fifty percent of the total estimated decommissioning and/or reclamation costs. The applicant shall engage a certified professional engineer acceptable to the city to estimate the total cost of decommissioning all structures in the facility in accordance with the requirements of this chapter, including reclamation to the original site conditions. The cost of decommissioning shall be re-reviewed and submitted to the city annually to ensure adequate funds are allocated for decommissioning. The city shall have the right to evaluate the performance guarantee at least every five years to assess whether it should be appropriately adjusted to reflect the current decommissioning estimate. The performance guarantee shall remain in place until decommissioning and removal has been completed to the satisfaction of the city.
If at any time during the operation of the renewable energy facility or prior to, during, or after the sale or transfer of ownership and/or operation of the facility the performance guarantee is not maintained, the city may take any action permitted by law, order a cessation of operations, and order removal of the structure and reclamation of the site.
(d)
Provision of Manufacturers' Safety Data Sheet(s). The applicant must submit manufacturer safety data sheets for all proposed equipment. If approval is granted, the applicant must provide the city with finalized manufacturer safety data sheets both to be kept on record at with the city and on-site in a clearly marked waterproof container. Applicants must provide updated manufacturer data sheets whenever equipment is modified so that all records are up to date. Documentation shall include the type and quantity of all materials used in the operation of all equipment.
(e)
Fire Response. All electrical equipment associated with and necessary for the operations of the facility shall comply with all local and state codes. All design and installation work shall comply with all applicable provisions of the National Electrical Code (NEC).
The applicant shall provide training, at no cost to the city, before, approximately halfway through, and after construction, for all emergency service departments serving the city. All three trainings must have been completed to receive final permits. Training upon the completion and during the operation of the renewable energy facility will be conducted at the request of all emergency service departments but will not exceed four trainings per any given twelve-month period.
The applicant shall provide an emergency response plan including a set of procedures and protocols for managing risk or fire and for responding in the event of an emergency at the facility. It will be the burden of the applicant to ensure said procedures and protocols provided to the various emergency service departments is the most up to date version.
Special equipment that may be required to ensure the safety of fire and rescue personnel when responding to an emergency at the facility shall be provided at no cost to the city prior to commencement of construction of the facility. The authority to determine whether, and what type of, special equipment is needed shall be with the fire and/or rescue department(s) serving the city.
The applicant shall provide for and maintain reasonable means of access for emergency services. Lock boxes and keys shall be provided at locked entrances for emergency personnel access. If any adjoining properties are damaged as a result of ingress/egress to the facility, the applicant shall remedy all damages in full.
(f)
Anticipated Construction Schedule. Applicant must provide an anticipated construction schedule which highlights when potentially hazardous materials will be brought on-site and installed.
(g)
Permits. Applicant must coordinate with all applicable agencies for required permitting, including, but not limited to, the Road Commission for Oakland County and/or Michigan Department of Transportation (MDOT), Oakland County Water Resources Commission (WRC), Environmental Protection Agency (EPA), Michigan Department of Environment, Great Lakes and Energy (EGLE).
(h)
Photographic Record. Applicant must submit a set of photos or aerial and video of the entire development area prior to construction. This will be used as historical documentation for the city to secure and refer to if/when decommissioning and redevelopment activities take place.
(i)
Site Security. A security plan shall be submitted with the site plan application for a renewable energy facility. The security plan shall:
(i)
Show all points of secured access as well as the means for limiting access to authorized personnel only.
(ii)
Along with other signage requirements in this chapter, install and maintain warning signage on all dangerous equipment and facility entrances.
(iii)
Provide a schedule outlining the implementation and maintenance of site security as well evidence of routine inspections as required by the Michigan Public Service Commission to ensure site security infrastructure is intact and operating as intended.
(j)
Indemnity. Applicant will indemnify and hold the city harmless from any costs or liability arising from the approval, installation, construction, maintenance, use, repair, or removal of the renewable energy facility, which is subject to the city's review and approval.
b.
Schedule B Site Plans. Applications for all Schedule B facilities shall be accompanied by detailed site plans, drawn to scale and certified by a registered engineer licensed in the state of Michigan. All site plans shall conform to the requirements of Chapter 18.17 of the zoning ordinance. A public hearing shall be held by the planning commission meeting before a Schedule B site plan is voted upon. In addition, site plans shall contain the following information:
(1)
Horizontal and vertical to scale drawings (elevations) with dimensions that show the location of the proposed solar array(s), wind turbines and BESS, buildings, structures, electrical tie lines and transmission lines, security fencing and all above ground structures and utilities on the property.
(2)
Location of all existing and proposed overhead and underground electrical transmission or distribution lines within the renewable energy facility and within one hundred feet of all facility boundary property lines. Use of above-ground lines shall be kept to a minimum.
(3)
Proposed security measures to prevent unauthorized trespass and access during the construction, operation, removal, maintenance or repair of the renewable energy facility. In no instance shall barbed wire be used. The applicant shall provide a plan outlining the implementation and maintenance of site security and allow routine inspections by the city building official to ensure site security infrastructure is intact and operating as intended.
(4)
A written description of the maintenance program to be used for the renewable energy facility, including decommissioning and removal. The description shall include maintenance schedules, types of maintenance to be performed, and decommissioning and removal procedures and schedules if the renewable energy facility is decommissioned. Description should include the average useful life of all primary renewable energy system equipment and components being proposed.
(5)
Any information necessary to verify the conformance with requirements set forth in Part a, b, c, or d of this section.
(6)
Additional detail(s) and information as required by the planning commission and/or city.
c.
Schedule B Required Studies. All studies/analyses listed below may be required for Schedule B facilities.
(1)
Stormwater Study. An analysis by a qualified professional third-party, mutually agreeable to both the city and applicant, shall be required to account for the proposed layout of the solar energy facility or BESS facility and how the spacing, row separation, and slope affects stormwater infiltration, including calculations for a one hundred-year rain-event (storm). Percolation tests or site-specific soil information shall be provided to demonstrate infiltration on-site without the use of engineered solutions.
(2)
Wildlife Impact Analysis: The applicant shall provide an analysis by a qualified professional third-party, mutually agreeable to both the city and applicant, 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. 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 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, or 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. The applicant shall follow all pre-construction and post-construction recommendations of the United States Fish and Wildlife Service. 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 aboveground lines, transformers, or conductors should follow any Avian Power Line Interaction Committee (APLIC, http://www.aplic.org/) guidelines to prevent avian mortality.
(3)
Natural Feature Preservation Study. The plan for installation of a renewable energy facility shall include a tree survey and plan for cutting of trees greater than six inches DBA. No such trees shall be cut in any required setback other than those reasonably required for the installation of a drive to access the facility. Retention of natural grades, soils, and groundcover material is encouraged where feasible.
(4)
Environmental Impact Analysis. An analysis by a qualified professional third-party, mutually agreeable to both the city and applicant, shall be required to identify and assess any potential impacts on the natural environment including, but not limited to, wetlands and other fragile ecosystems, historical and cultural sites, and antiquities. The applicant shall take appropriate measures to minimize, eliminate, or mitigate adverse impacts identified in the analysis.
(Ord. No. 2025-02, § 1, 2-25-2025)
The city by resolution will set the fees for review of Schedule A and Schedule B site plans. The city may require additional fees for review of Schedule B site plans since specialized reviews may be necessary for items unique to Schedule B site plans, such as, but not limited to, security plans.
(Ord. No. 2025-02, § 1, 2-25-2025)