The purpose of this article is to establish guidelines for siting solar energy equipment (SEE). The goals are as follows:

(1)

To promote the safe, effective and efficient use of SEE in order to reduce the consumption of fossil fuels in producing electricity.

(2)

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

(3)

To establish standards and procedures by which the siting, design, engineering, installation, operation and maintenance of SEE shall be governed.

(Ord. No. 5-10, § 1, 5-17-10)

Solar energy equipment (SEE) is defined as a solar photovoltaic panel, solar hot air or hot water panel collector device, or other type of energy system which relies upon solar radiation as a source for generation of electricity or transfer of stored heat.

(Ord. No. 5-10, § 1, 5-17-10)

SEE shall be permitted as an accessory use in all zoning districts subject to the following requirements:

(1)

General:

(a)

SEE shall be located in the least visibly obtrusive location where panels would be functional.

(b)

SEE must comply with all setback and height requirements for the zoning district in which the property is located.

(c)

Nonfunctioning SEE shall be repaired or replaced within three months of becoming inoperable.

(d)

The SEE and any electrical, plumbing, mechanical or other apparatus in connection with the device, shall be installed, operated and maintained in conformance with the manufacturer's specifications. Applicable construction permits shall be required prior to installation.

(e)

The city shall not be held responsible for approving SEE which becomes nonfunctioning due to a blockage of solar access. SEE property owners are advised to obtain a solar access easement from adjoining property owners if there is a possibility for solar access blockage.

(2)

Roof or wall-mounted solar energy equipment:

(a)

It is encouraged that roof-mounted SEE shall be installed in the plane of the roof (flush-mounted) or made a part of the roof (capping or framing is compatible with the color of the roof or structure). Mounting brackets shall be permitted if the applicant can demonstrate that the existing pitch of the roof would render the solar energy equipment ineffective.

(b)

SEE shall be located on a rear or side facing roof, as seen from the fronting street, unless the applicant can demonstrate that such installation would be ineffective.

(c)

SEE shall not project vertically above the peak of the roof to which it is attached, or project vertically more than five feet above a flat roof.

(d)

All exterior electrical and/or plumbing lines must be painted in a color scheme that matches as closely as possible the color of the structure and the material adjacent to the lines.

(3)

Ground-mounted solar energy equipment:

(a)

SEE shall only be located in the side or rear yard of a property.

(b)

SEE must be substantially screened from public view (including adjacent properties and public rights-of-way) by fencing, plantings or a combination thereof, as determined by the building official.

(c)

All exterior electrical and/or plumbing lines must be placed in a conduit and buried below the surface of the ground.

(d)

SEE shall not block any required parking areas, sidewalks or walkways.

(Ord. No. 5-10, § 1, 5-17-10)

The purpose of this division is to establish guidelines for siting wind energy turbines (WETs). The goals are as follows:

(1)

To promote the safe, effective, and efficient use of a WET in order to reduce the consumption of fossil fuels in producing electricity.

(2)

Preserve and protect public health, safety, welfare, and quality of life by minimizing the potential adverse impacts of a WET.

(3)

To establish standards and procedures by which the siting, design, engineering, installation, operation, and maintenance of a WET shall be governed.

(Ord. No. 8-10, § 1, 6-21-10)

(1)

Anemometer is a temporary wind speed indicator constructed for the purpose of analyzing the potential for utilizing a wind energy turbine 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.

(2)

General common element is defined as an area designated for use by all owners within condominium development.

(3)

Decommissioning is the process of terminating operation and completely removing a WET(s) and all related buildings, structures, foundations, access roads, and equipment.

(4)

Large wind energy turbine (LWET) is 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 LWET's main purpose is to supply electricity to off-site customers. The total height of a LWET exceeds 150 feet. LWETs are not permitted under this division.

(5)

Medium wind energy turbine (MWET) is 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 MWET has a nameplate capacity that does not exceed 250 kilowatts. The total height does not exceed 150 feet.

(6)

Nacelle refers to the encasement which houses all of the generating components, gear box, drive tram, and other equipment.

(7)

Net-metering is 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.

(8)

Occupied building is a residence, school, hospital, church, public library, business, or any other building used for public gatherings.

(9)

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

(10)

Owner is the individual or entity, including their respective successors and assigns that have an equity interest or own the WET in accordance with this division.

(11)

Rotor diameter is the cross-sectional dimension of the circle swept by the rotating blades of a WET.

(12)

Shadow flicker is 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 all structures, wind activity, and sunlight.

(13)

Small tower-mounted wind energy turbine (STMWET) is 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 70 feet.

(14)

Structure is any building or other structure, such as a municipal watertower that is a minimum of 12 feet high at its highest point of roof and is secured to frost-footings or a concrete slab.

(15)

Small structure-mounted wind energy turbine (SSMWET) 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 ten kilowatts.

The total height does not exceed 15 feet as measured from the highest point of the roof, excluding chimneys, antennae, and other similar protuberances.

(16)

Total height is 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 the WET.

(17)

Tower is a freestanding monopole that supports a WET.

(18)

Upwind turbine is a 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.

(19)

Wind energy turbine (WET) is any structure-mounted, small, medium, or large 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.

(Ord. No. 8-10, § 1, 6-21-10)

The following is permitted in all zoning districts as a temporary use, in compliance with the provisions contained herein, and the applicable WET regulations:

(1)

Anemometers.

(a)

The construction, installation, or modification of an anemometer tower shall require applicable construction permits and shall conform to all applicable local, state, and federal applicable safety, construction, environmental, electrical, communications, and FAA requirements.

(b)

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

(c)

An anemometer shall be permitted for no more than 13 months.

(Ord. No. 8-10, § 1, 6-21-10)

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 division unless the applicable construction permits have been issued to the owner(s) or operator(s).

All SSMWETs and STMWETs are subject to the following minimum requirements:

(1)

Siting and design requirements:

(a)

"Upwind" turbines shall be required.

(b)

Visual appearance:

1.

A SSMWET or STMWET, including accessory buildings and related structures shall be a 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.

A SSMWET or STMWET shall not be artificially lighted, except to the extent required by the FAA or other applicable authority, or otherwise necessary for the reasonable safety and security thereof.

3.

SSMWET or STMWET shall not be used for displaying any advertising (including flags, streamers, or decorative items), excluding identification of the turbine manufacturer.

(c)

Ground clearance: The lowest extension of any blade or other exposed moving component of a 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 balconies or roof gardens, that are located directly below the SSMWET or STMWET.

(d)

Noise: Noise emanating from the operation of a SSMWET or STMWET shall at all times comply with the standards established within the City Code chapter 30, article III.

(e)

Vibration: Vibrations shall not be produced which are humanly perceptible beyond the property on which a SSMWET or STMWET is located.

(f)

Guy wires: Guy wires shall not be permitted as part of the SSMWET or STMWET.

(g)

In addition to the siting and design requirements listed previously, the SSMWET shall also be subject to the following:

1.

Height: The total height of a SSMWET shall not exceed 15 feet as measured from the highest point of the roof, excluding chimneys, antennae, and other similar protuberances.

2.

Setback: The setback of the SSMWET shall be a minimum of 15 feet from the property line, right-of-way, public easement, or overhead utility lines if mounted directly on a roof or other elevated surface of a structure. If the SSMWET is affixed by any extension to the side, roof, or other elevated surface, then the setback from the property line or right-of-way shall be a minimum of 15 feet. The setback shall be measured from the furthest outward extension of all moving parts.

3.

Separation: If more than one SSMWET is installed, a distance equal to the height of the highest SSMWET must be maintained between the base of each SSMWET.

(h)

In addition to the siting and design requirements listed previously, the STMWET shall also be subject to the following:

1.

Height: The total height of a STMWET shall not exceed 70 feet.

2.

Location: The STMWET shall only be located in a rear yard of a property of at least one acre in area that has an occupied building.

3.

Occupied building setback: The setback from all occupied buildings on the applicant's parcel shall be a minimum of 20 feet measured from the base of the tower.

4.

Other setbacks: The setback shall be equal to the total height of the STMWET, as measured from the base of the tower, from the property line, right-of-way, public easement, or overhead public utility lines.

5.

Separation: If more than one STMWET is installed, a distance equal to the height of the highest STMWET must be maintained between the base of each STMWET.

6.

Electrical system: All electrical controls, control wiring, grounding wires, power lines, and system components shall be placed underground within the boundary of each parcel at a depth meeting the requirements stated in the Michigan Electrical Code. Wires necessary to connect the wind generator to the tower wiring are exempt from this requirement.

(2)

Permit application requirements:

(a)

Name of property owner(s), address, and parcel number.

(b)

A site plan shall include maps (drawn to scale) showing the proposed location of all components and ancillary equipment of the SSMWET(s) or STMWET, property lines, physical dimensions of the property, existing building(s), setback lines, right-of-way lines, public easements, overhead utility lines, sidewalks, nonmotorized pathways, roads and contours. The site plan must also include adjoining properties as well as the location and use of all structures.

(c)

The proposed type and height of the SSMWET or STMWET 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.

(d)

Documented compliance with the noise requirements set forth in this article.

(e)

Documented compliance with applicable local, state and national regulations including, but not limited to, all applicable safety, construction, environmental, electrical, communications requirements.

(f)

All WETs shall provide documented compliance with Federal Aviation Administration (FAA) requirements, the Michigan Airport Zoning Act (Public Act 23 of 1950, MCL 259.431 et seq.), the Michigan Tall Structures Act (Public Act 259 of 1959, MCL 259.481 et seq.) and local jurisdiction airport overlay zone.

(g)

Proof of applicant's liability insurance.

(h)

Evidence that the utility company has been informed of 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.

(i)

Other relevant information as may be reasonably requested.

(j)

Signature of the applicant.

(k)

In addition to the permit application requirements previously listed, the SSMWET application shall also include the following:

1.

Total proposed number of SSMWETs.

(l)

In addition to the permit application requirements previously listed, the STMWET application shall also include the following:

1.

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.

(3)

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, 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)

A clearly visible warning sign regarding voltage shall be placed at the base of the SSMWET or STMWET.

(d)

The structural integrity of the SSMWET or STMWET shall conform to the design standards of the International Electrical Commission, specifically IEC 61400-1, "Wind Turbine Safety and Design" and/or IEC 61400-2, "Small Wind Turbine Safety," IEC 61400-22 "Wind Turbine Certification," and IEC 61400-23 "Blade Structural Testing," or any similar successor standards.

(4)

Signal interference:

(a)

The SSMWET or STMWET shall not interfere with communication systems such as, but not limited to, radio, telephone, television, satellite, or emergency communication systems.

(5)

Decommissioning:

(a)

The SSMWET or STMWET owner(s) or operator(s) shall complete decommissioning within 12 months after the end of the useful life. Upon request of the owner(s) or assigns of the SSMWET or STMWET, and for a good cause, the city may grant a reasonable extension of time. The SSMWET or STMWET will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months. All decommissioning expenses are the responsibility of the owner(s) or operator(s).

(b)

If the SSMWET or STMWET owner(s) or operator(s) fails to complete decommissioning within the period prescribed above, the city may designate a contractor to complete decommissioning with the cost plus 50 percent to be charged to the violator and/or to become a lien against the premises.

(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 owner(s) of the facility or its assigns. If the site is not to be used for agricultural practices following removal, the site shall be seeded to prevent soil erosion, unless the property owner(s) requests in writing that the land surface areas not be restored.

(Ord. No. 8-10, § 1, 6-21-10)

A medium wind energy turbine (MWET) shall be a special approval use in commercial and industrial districts.

In addition to the materials required for all special land uses, the application shall include the following:

(1)

Siting and design requirements:

(a)

"Upwind" turbines shall be required.

(b)

The design of a MWET shall conform to all applicable industry standards.

(c)

Visual appearance:

1.

Each MWET, including accessory buildings and other related structures shall be mounted on a tubular tower and a nonreflective, nonobtrusive color (e.g. white, gray, black). The appearance of turbines, towers and buildings shall be maintained throughout the life of the MWET.

2.

Each MWET shall not be artificially lighted, except to the extent required by the FAA or other applicable authority, or otherwise necessary for the reasonable safety and security thereof.

3.

Each MWET shall not be used for displaying any advertising (including flags, streamers, or decorative items), excluding identification of the turbine manufacturer or operator(s).

(d)

Vibration: Each MWET shall not produce vibrations humanly perceptible beyond the property on which it is located.

(e)

Shadow flicker: The MWET 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 MWET. 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 MWET.

(g)

Electrical system: All electrical controls, control wiring, grounding wires, power lines, and all other electrical system components of the MWET shall be placed underground within the boundary of each parcel at a depth meeting the requirements as stated in the Michigan Electrical Code. Wires necessary to connect the wind generator to the tower wiring are exempt from this requirement.

(h)

In addition to the siting and design requirements listed previously, the MWET shall also be subject to the following:

1.

Height: The total height of a MWET shall not exceed 150 feet.

2.

Ground clearance: The lowest extension of any blade or other exposed moving component of a MWET shall be at least 15 feet above the ground (at the highest point of the grade level within 50 feet of the base of the tower) and, in addition, at least 15 feet above any outdoor surfaces intended for human occupancy, such as balconies or roof gardens, that are located directly below the MWET.

3.

Noise: Noise emanating from the operation of a MWET or shall at all times comply with the standards established within the City Code chapter 30, article III.

4.

Quantity: The number of MWETs shall be determined based on setbacks and separation.

5.

Setback and separation:

a.

Occupied building setback: The setback from all occupied buildings on the applicant's parcel shall be a minimum of 20 feet measured from the base of the tower.

b.

Property line setbacks: With the exception of the locations of public or private roads (see below), drain rights-of-way and parcels with occupied buildings (see above), the internal property line setbacks shall be equal to the total height of the MWET as measured from the base of the tower. This setback may be reduced to a distance agreed upon as part of the special use permit if the applicant provides a registered engineer's certification that the WET is designed to collapse, fall, curl, or bend within a distance or zone shorter than the height of the WET.

c.

Public or private road setbacks: Each MWET shall be set back from the nearest public or private road a distance equal to the total height of the MWET, determined at the nearest boundary of the underlying right-of-way for such public or private road.

d.

Communication and electrical lines: Each MWET shall be set back from the nearest above-ground public electric power line or telephone line a distance equal to the total height of the MWET, as measured from the base of the tower, determined from the existing power line or telephone line.

e.

Tower separation: MWET/tower separation shall be based on industry standard and manu-
facturer recommendation.

(2)

Safety requirements:

(a)

If the MWET 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 applicable to wind power generation facilities, and the connection shall be inspected by the appropriate public utility.

(b)

The MWET shall be equipped with an automatic braking or governing 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 need to be in place to prevent unauthorized trespass and access. Each MWET shall not be climbable up to 15 feet above ground surfaces. All access doors to MWETs and electrical equipment shall be locked and/or fenced as appropriate, to prevent entry by nonauthorized person(s).

(d)

All spent lubricants, cooling fluids, and any other hazardous materials shall be properly and safely removed.

(e)

Each MWET shall have one sign, not to exceed two square feet in area, posted at the base of the tower and on the security fence if applicable. The sign shall contain at least the following:

1.

Warning high voltage.

2.

Manufacturer's and owner/operator's name.

3.

Emergency contact numbers (list more than one number).

(f)

The structural integrity of the MWET shall conform to the design standards of the International Electrical Commission, specifically IEC 61400-1, "Wind Turbine Safety and Design," IEC 61400-22 "Wind Turbine Certification," and IEC 61400-23 "Blade Structural Testing," or any similar successor standards.

(3)

Signal interference:

(a)

The MWET shall not interfere with communication systems such as, but not limited to, radio, telephone, television, satellite, or emergency communication systems.

(4)

Decommissioning:

(a)

The MWET owner(s) or operator(s) shall complete decommissioning within 12 months after the end of the useful life. Upon request of the owner(s) or the assigned of the MWET, and for a good cause, the city council may grant a reasonable extension of time. Each MWET will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months. All decommissioning expenses are the responsibility of the owner(s) or operator(s).

(b)

Decommissioning shall include the removal of each MWET, buildings, electrical components, and roads to a depth of 60 inches, as well as 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. Following removal, the location of any remaining wind turbine foundation shall be identified on a map as such and recorded with the deed to the property with the county register of deeds.

(c)

All access roads to the MWET shall be removed, cleared, and graded by the MWET owner(s), unless the property owner(s) requests, in writing, a desire to maintain the access road. The city will not be assumed to take ownership of any access road unless through official action of the city council.

(d)

The site and any disturbed earth shall be stabilized, graded, and cleared of any debris by the owner(s) of the MWET or its assigns. If the site is not to be used for agricultural practices following removal, the site shall be seeded to prevent soil erosion, unless the property owner(s) requests in writing that the land surface areas not be restored.

(e)

If the MWET owner(s) or operator(s) fails to complete decommissioning within the period prescribed above the city may designate a contractor to complete decommissioning with the cost plus 50 percent to be charged to the violator and/or to become a lien against the premises.

(5)

Site plan requirements:

(a)

Site plan drawing: All applications for an MWET special approval use shall be accompanied by a detailed site plan map that is drawn to scale and dimensioned, displaying the following information:

1.

Existing property features to include the following: property lines, physical dimensions of the property, legal description, land use, zoning district, contours, setback lines, rights-of-way, public and utility easements, public roads, access roads (including width), sidewalks, nonmotorized pathways, large trees, and all buildings. The site plan must also include the adjoining properties as well as the location and use of all structures and utilities within 300 feet of the property.

2.

Location and height of all proposed MWETs, buildings, structures, ancillary equipment, underground utilities and their depth, towers, security fencing, access roads (including width, composition, and maintenance plans), electrical substations, and other above-ground structures and utilities associated with the proposed MWET.

3.

Additional details and information as required by the special use requirements of the zoning ordinance or as requested by the planning commission.

(b)

Site plan documentation: The following documentation shall be included with the site plan:

1.

The contact information for the owner(s) and operator(s) of the MWET as well as contact information for all property owners on which the MWET is located.

2.

A copy of the lease, or recorded document, with the landowner(s) if the applicant does not own the land for the proposed MWET. A statement from the landowner(s) of the leased site that he/she will abide by all applicable terms and conditions of the use permit, if approved.

3.

Identification and location of the properties on which the proposed MWET will be located.

4.

In the case of a condominium development, a copy of the condominium development's master deed and bylaws addressing the legal arrangement for the MWET.

5.

The proposed number, representative types and height of each MWET to be constructed; including their manufacturer and model, product specifications including maximum noise output (measured in decibels), total rated capacity, rotor diameter, and a description of ancillary facilities.

6.

Documents shall be submitted by the developer/manufacturer confirming specifications for MWET tower separation.

7.

Documented compliance with the noise, and shadow flicker requirements set forth in this division.

8.

Engineering data concerning construction of the MWET and its base or foundation, which may include, but not be limited to, soil boring data.

9.

A certified registered engineer shall certify that the MWET meets or exceeds the manufacturer's construction and installation standards.

10.

Anticipated construction schedule.

11.

A copy of the maintenance and operation plan, including anticipated regular and unscheduled maintenance. Additionally, a description of the procedures that will be used for lowering or removing the MWET to conduct maintenance, if applicable.

12.

Documented compliance with applicable local, state and national regulations including, but not limited to, all applicable safety, construction, environmental, electrical, and communications. The MWET shall comply with Federal Aviation Administration (FAA) requirements, Michigan Airport Zoning Act, Michigan Tall Structures Act, and any applicable airport overlay zone regulations.

13.

Proof of applicant's liability insurance.

14.

Evidence that the utility company has been informed of 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.

15.

Other relevant information as may be requested by the city to ensure compliance with the requirements of this division.

16.

Following the completion of construction, the applicant shall certify that all construction is completed pursuant to the special approval use.

17.

A written description of the anticipated life of each MWET; the estimated cost of decommissioning; the method of ensuring that funds will be available for decommissioning and site restoration; and removal and restoration procedures and schedules that will be employed if the MWET(s) become inoperative or nonfunctional.

18.

The applicant shall submit a decommissioning plan that will be carried out at the end of the MWET's useful life, and shall describe any agreement with the landowner(s) regarding equipment removal upon termination of the lease.

19.

The city reserves the right to review all maintenance plans and bonds under this division to ensure that all conditions of the permit are being followed.

20.

Signature of the applicant.

(6)

Certification and compliance:

(a)

The city must be notified of a change in ownership of a MWET or a change in ownership of the property on which the MWET is located. This notification shall be required as a deed restriction, with a recorded copy thereof provided to the city.

(b)

The city, given just cause, reserves the right to inspect any MWET in order to ensure compliance with the ordinance. Costs associated with the inspections shall be paid by the owner/operator of the MWET.

(7)

Public inquiries and complaints:

(a)

Should an aggrieved property owner allege that the MWET is not in compliance with the shadow flicker requirements of this division, the procedure shall be as follows:

1.

Notify the city in writing regarding concerns about the amount of shadow flicker.

2.

If the complaint is deemed sufficient by the city to warrant an investigation, the city will request the owner(s) to provide a shadow flicker analysis of the turbine as constructed to determine compliance of the requirements of this division.

3.

If the MWET owner(s) is in violation of the ordinance shadow flicker requirements, the owner(s) take immediate action to bring the MWET into compliance which may include ceasing operation of the WET until the ordinance violations are corrected.

(Ord. No. 8-10, § 1, 6-21-10)

The purpose of this division is to establish guidelines for siting outdoor wood-fired boiler, stove and furnaces (OWFBSF). The goals are as follows:

(1)

To provide for the safe, effective, and efficient use of an OWFBSF.

(2)

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

(3)

To establish standards and procedures by which the siting, design, engineering, installation, operation, and maintenance of an OWFBSF shall be governed.

(Ord. No. 8-10, § 2, 6-21-10)

(1)

Outdoor wood-fired boilers, stoves, or furnaces (OWFBSF) means a structure that:

(a)

Is designed, intended, or used to provide heat and/or hot water to any residence or other structure; and

(b)

Operates by the burning of wood or other solid fuel; and

(c)

Is not located within a structure used for human or animal habitation.

(2)

Refuse means any waste material, garbage, animal carcasses, and trash or household materials except trees, logs, brush and stumps.

(Ord. No. 8-10, § 2, 6-21-10)

An outdoor wood-fired boiler, stove, or furnace (OWFBSF) shall be permitted as an accessory use subject to the following requirements:

(1)

The OWFBSF is permitted only in the ER estate residential district.

(2)

The property shall be a minimum of two acres in area.

(3)

The OWFBSF must be certified by a national testing laboratory.

(4)

Only products intended or manufactured to be utilized in the OWFBSF may be burned in the unit. The OWFSBF shall not be used to burn refuse, leaves, green vegetative matter or noxious plants.

(5)

The OWFBSF shall be located at least 300 feet from the nearest occupied dwelling which is not on the same property.

(6)

The OWFBSF shall be located a minimum of 20 feet from the nearest building on the same property.

(7)

The OWFBSF shall only be located in the rear yard and shall be located at least 50 feet from any side or rear property lines.

(8)

The OWFBSF shall have a chimney that extends at least 15 [feet] above the ground surface. If there are any residences within 500 feet, the chimney shall extend at least as high from the ground as the peak of the roof of those residences. The building official may approve a lesser height on a case-by-case basis if necessary to comply with manufacturer's recommendations and if the smoke from the lower chimney height does not create a nuisance for neighbors.

(9)

The OWFBSF, and any electrical, plumbing, mechanical or other apparatus in connection with the device, shall be installed, operated and maintained in conformance with the manufacturer's specifications. A mechanical permit shall be required prior to installation.

(10)

Stockpiled wood shall be located in the rear yard and shall be set back a minimum of 50 feet from side or rear property lines.

(Ord. No. 8-10, § 2, 6-21-10)