The purpose of this article 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)

To preserve and protect the 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.

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

Anemometer means 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.

Condominium development means a development that is created under the Condominium Act.

Decibel means a unit of measure used to express the magnitude of sound pressure and sound intensity. Decibels shall be measured on the dB(A) weighted scale as defined by the American National Standards Institute.

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

General common element means an area designated for use by all owners within condominium development.

Large wind energy turbine (LWET) means 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 has a nameplate capacity above 250 kilowatts.

Medium wind energy turbine (MWET) means 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.

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

Net-metering means 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.

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

Operator means the entity responsible for the day-to-day operation and maintenance of a wind energy turbine (WET).

Owner means the individual or entity, including their respective successors and assigns, that have an equity interest or own the wind energy turbine (WET) in accordance with this ordinance.

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

Shadow flicker means the moving shadow, created by the sun shining through the rotating blades of a wind energy turbine (WET). The amount of shadow flicker created by a WET is calculated by a computer model that takes into consideration turbine location, elevation, tree cover, location of all structures, wind activity, and sunlight.

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

Small tower-mounted wind energy turbine (STMWET) means 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 of a STMWET shall not exceed 120 feet.

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

Total height means 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 wind energy turbine (WET).

Tower means a freestanding structure that supports a wind energy turbine (WET). A tower shall not be erected without a building permit.

Upwind turbine means a wind energy turbine (WET) positioned in a manner so that the wind hits the turbine blades before it hits the tower in order to avoid the thumping noise which can occur if the wind is disrupted by hitting the tower before the blades.

Wind energy turbine(WET) means 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.

(a)

This ordinance applies to all WETs proposed to be constructed after the effective date of this ordinance.

(b)

All WETs constructed prior to the effective date of this ordinance shall not be required to meet the requirements of this ordinance; however, any physical modification to an existing WET that materially alters the size, type, equipment or location shall require a permit under this ordinance.

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

(1)

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

(2)

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

(3)

An anemometer shall be permitted for no more than 13 months for a SSMWET, STMWET, or MWET or more than three years for a LWET.

(a)

A small structure-mounted wind energy turbine (SSMWET) shall be considered a permitted use in all zoning districts and shall not be erected, constructed, installed, or modified as provided in this ordinance unless a building permit has been issued to the owners or operators.

(b)

A small tower-mounted wind energy turbine (STMWET) shall be considered a permitted use in all nonresidential zoning districts and shall not be erected, constructed, installed, or modified as provided in this ordinance unless a building permit has been issued to the owners or operators.

(c)

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

(1)

Siting and design requirements.

a.

Upwind or downwind turbines are permitted.

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), except for 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 not exceed, at any time, 55 dB(A) at any property line. This sound pressure level may be exceeded during short-term events such as utility outages and/or severe wind storms. If the ambient sound pressure level exceeds 55 dB(A), the standard shall be ambient dB(A) plus five dB(A).

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 height of a SSMWET shall not exceed ten 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, public 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 public right-of-way shall be a minimum of 15 feet. The setback shall be measured from the furthest outward extension of all moving parts. No SSMWET may be located in the front yard setback.

3.

Location. The SSMWET shall not be affixed to the wall on the side of a structure facing a road.

4.

Quantity. No more than two SSMWETs shall be installed on any parcel of property.

5.

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 120 feet. On a residential parcel, the maximum height is 60 feet.

2.

Location. The STMWET shall only be located in a rear yard of a property that has an occupied building. The side yard or a rear yard setback for a STMWET shall be equal to its height. No STMWET may be located in the front yard setback.

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, public right-of-way, public easement, or overhead public utility lines.

5.

Quantity. No more than one STMWET shall be installed on any parcel of property.

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 designed to accommodate the existing land use to the maximum extent practicable. 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, 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 or STMWET, property lines, physical dimensions of the property, existing buildings, setback lines, right-of-way lines, public easements, overhead utility lines, sidewalks, non-motorized 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 ordinance.

e.

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

f.

Proof of applicant's liability insurance.

g.

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. Other relevant information as may be reasonably requested.

h.

Signature of the applicant.

i.

In addition to the permit application requirements previously listed, the SSMWET application shall also include the total proposed number of SSMWETs.

j.

In addition to the permit application requirements previously listed, the STMWET application shall also include the following: 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, Turbine Certification, and IEC 61400-23, Blade Structural Testing, or any similar successor standards.

(4)

Signal interference. 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 or operator shall complete decommissioning within 12 months after the end of the useful life. Upon request of the owners or assigns of the SSMWET or STMWET, and for a good cause, the city council 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 owners or operators.

b.

If the SSMWET or STMWET owner or operator fails to complete decommissioning within the period prescribed above, the city council may designate a contractor to complete decommissioning with the expense thereof to be charged to the violator and/or to become a lien against the premises. If the SSMWET or STM WET is not owned by the property owner, a bond must be provided to the city for the cost of decommissioning each SSMWET or STMWET.

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 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 requests in writing that the land surface areas not be restored.

(6)

Public inquiries and complaints. Should an aggrieved property owner allege that the SSMWET or STMWET is not in compliance with the noise requirements of this ordinance, the procedure shall be as follows:

1.

Notify the city in writing regarding concerns about noise level.

2.

If the complaint is deemed sufficient by the city to warrant an investigation, the city will request the unit's owner to engage a certified acoustic technician to determine compliance with the requirements of this ordinance.

3.

If the SSMWET or STMWET owner does not schedule the required test within 21 days from the date that the city requires the conducting of a noise certification test and supply the test results, or if the unit is in violation of the ordinance noise requirements, the Owner shall take immediate action to bring the SSMWET or STMWET into compliance and shall cease operating the WET until the ordinance violations are corrected.

A medium wind energy turbine (MWET) shall be a special use in agricultural, industrial and public use districts. A large wind energy turbine (LWET) shall be a special use in the I-2, General Industrial District. A MWET and a LWET shall not be permitted in any other 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 or downwind turbines are permitted.

b.

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

c.

Visual appearance.

1.

Each MWET or LWET, 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 or LWET.

2.

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

d.

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

e.

Guy wires. Guy wires shall not be permitted as part of the MWET or LWET.

f.

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 designed to accommodate the existing land use to the maximum extent practicable. Wires necessary to connect the wind generator to the tower wiring are exempt from this requirement.

g.

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

1.

Location. If an MWET is located on an agricultural, industrial, and public property that has an occupied building, it shall only be located in the rear yard. The MWET shall only be located in a general common element in a condominium development.

2.

Height. The total height of a MWET shall not exceed 120 feet.

3.

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.

4.

Noise. Noise emanating from the operation of a SSMWET or STMWET shall not exceed, at any time, 55 dB(A) at any property line. This sound pressure level may be exceeded during short-term events such as utility outages and/or severe wind storms. If the ambient sound pressure level exceeds 55 dB(A), the standard shall be ambient dB(A) plus five dB(A).

5.

Quantity. No more than one MWET shall be installed for every 2.5 acres of land included in the parcel.

6.

Setback and separation.

(i)

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.

(ii)

Property line setbacks. With the exception of the locations of public roads (see Subsection (1)h.6(iii) of this section), drain right-of-ways and parcels with occupied buildings (see Subsection (1)h.6(i) of this section), the internal property line setbacks shall be equal to the total height of the MWET as measured from the base of the tower.

(iii)

Public road setbacks. Each MWET shall be set back from the nearest public 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 road.

(iv)

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.

(v)

Tower separation. MWET/tower separation shall be based on industry standard and manufacturer recommendation.

7.

Shadow flicker study. As a part of an application for the installation of an MWET, the applicant shall provide a study by a qualified engineer which shows that shadow flickers will not adversely affect adjacent property owners and occupants. Such study shall be available at least 15 days prior to the public hearing on the site plan for an MWET.

h.

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

1.

Ground clearance. The lowest extension of any blade or other exposed moving component of an LWET shall be at least 50 feet above the ground (at the highest point of the grade level within 150 feet of the base of the tower).

2.

Height. The total height of a LWET shall not exceed 300 feet.

3.

Noise. Noise emanating from the operation of a LWET shall not exceed, at any time, the lowest ambient sound level that is present between the hours of 9:00 p.m. and 9:00 a.m. at any property line of a residential or agricultural use parcel or from the property line of parks, schools, hospitals, and churches. Noise emanating from the operation of a LWET shall not exceed, at any time, the lowest ambient noise level plus 5 dBA that is present between the hours of 9:00 p.m. and 9:00 a.m. at any property line of a nonresidential or non-agricultural use parcel.

4.

Quantity. The number of LWETs shall be determined based on setbacks and separation, provided that each LWET shall be placed on a parcel which is not less than 20 acres or more in size.

5.

Setback and separation.

(i)

Occupied building setback. Each LWET shall be setback from the nearest occupied building that is located on the same parcel as the LWET a minimum of two times its total height, or 1,000 feet, as measured from the base of the tower, whichever is greater.

(ii)

Property line setbacks. With the exception of the locations of public roads (see Subsection (1)g.6(iii) of this section), drain rights-of-way and parcels with occupied buildings (see Subsection (1)g.6(i) of this section), the internal property line setbacks shall be a minimum of 1.5 times the total height, 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.

(iii)

Public road setbacks. Each LWET shall be set back from the nearest public road a minimum distance no less than 400 feet or 1.5 times its total height, whichever is greater, determined at the nearest boundary of the underlying right-of-way for such public road.

(iv)

Communication and electrical lines. Each LWET shall be set back from the nearest above-ground public electric power line or telephone line a distance no less than 400 feet or 1.5 times its total height, whichever is greater, determined from the existing power line or telephone line.

(v)

Tower separation. Turbine/tower separation shall be based on industry standards and manufacturer recommendation.

6.

Quantity. No more than one LWET shall be installed for every 20 acres of land included in a parcel. Each LWET shall be placed on a parcel which is not less than 20 acres or more in size.

7.

Shadow flicker study. As a part of an application for the installation of an LWET, the applicant shall provide a study by a qualified engineer which shows that shadow flickers will not adversely affect adjacent property owners and occupants. Such study shall be available at least 15 days prior to the public hearing on the site plan for an LWET

8.

Access driveway. Each LWET shall require the construction of a private road to offer an adequate means by which the City of Zeeland may readily access the site in the event of an emergency. All private roads shall be constructed to the City of Zeeland's requirements.

(2)

Safety requirements.

a.

If the MWET or LWET 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 or LWET 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 or LWET or shall not be climbable up to 15 feet above ground surfaces. All access doors to MWETs or LWETs and electrical equipment shall be locked and/or fenced as appropriate, to prevent entry by a nonauthorized person.

d.

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

e.

Each MWET or LWET 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 or LWET 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. The MWET or LWET 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 or LWET owner or operator shall complete decommissioning within 12 months after the end of the useful life. Upon request of the owner or the assigned of the MWET or LWET, and for a good cause, the building official may grant a reasonable extension of time. Each MWET or LWET 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 or operator.

b.

Decommissioning shall include the removal of each MWET, or LWET 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 or LWET shall be removed, cleared, and graded by the MWET or LWET owner, unless the property owner 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 of the MWET or LWET 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 requests in writing that the land surface areas not be restored.

e.

In addition to the decommissioning requirements listed previously, the MWET or LWET shall also be subject to the following:

If the MWET or LWET owner or operator fails to complete decommissioning within the period prescribed above the city may designate a contractor to complete decommissioning with the expense thereof to be charged to the violator and/or to become a lien against the premises. If the MWET or LWET is not owned by the property owner, a bond must be provided to the city for the cost of decommissioning each MWET or LWET.

(5)

Site plan requirements.

a.

Site plan drawing. All applications for a MWET or LWET special land use permit 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, land use, zoning district, contours, setback lines, right-of-ways, public and utility easements, public roads, access roads (including width), sidewalks, non-motorized 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, or LWET's 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 or LWET.

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 and operator of the MWET or LWET as well as contact information for all property owners on which the MWET or LWET is located.

2.

A copy of the lease, or recorded document, with the landowner if the applicant does not own the land for the proposed MWET or LWET. A statement from the landowner of the leased site that he 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 or LWET 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 or LWET.

5.

The proposed number, representative types and height of each MWET or LWET 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 or LWET tower separation.

7.

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

8.

Engineering data concerning construction of the MWET or LWET 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 or LWET meets or exceeds the manufacturer's construction and installation standards.

10.

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 or LWET to conduct maintenance, if applicable.

11.

Documented compliance with applicable local, state and national regulations including, but not limited to, all applicable safety, construction, environmental, electrical, and communications. The MWET or LWET shall comply with Federal Aviation Administration (FAA) requirements, Michigan Airport Zoning Act (MCL 259.431 et seq.), Michigan Tall Structure Act (MCL 259.481 et seq.), and any applicable airport overlay zone regulations.

12.

Proof of applicant's liability insurance.

13.

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.

14.

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

15.

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

16.

A written description of the anticipated life of each MWET or LWET; 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 or LWET become inoperative or non-functional.

17.

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

18.

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

19.

Signature of the applicant.

(6)

Certification and compliance.

a.

The city must be notified of a change in ownership of a MWET or LWET or a change in ownership of the property on which the MWET or LWET is located.

b.

The city reserves the right to inspect any MWET or LWET in order to ensure compliance with the ordinance. Any cost associated with the inspections shall be paid by the owner/operator of the MWET or LWET.

(7)

Public inquiries and complaints.

a.

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

1.

Noise complaint.

(i)

Notify the city in writing regarding concerns about noise level.

(ii)

If the complaint is deemed sufficient by the city to warrant an investigation, the city will request the unit's owner to engage a certified acoustic technician to determine compliance with the requirements of this ordinance.

(iii)

If the MWET or LWET owner does not schedule the required test within 21 days from the date that the city requires the conducting of a noise certification test and supply the test results, or if the unit is in violation of the ordinance noise requirements, the owner shall take immediate action to bring the SSMWET or STMWET into compliance and shall cease operating the WET until the ordinance violations are corrected.

(iv)

The city shall have the right to use funds from any bond or performance guarantee to fund corrective actions which may be required to place a MWET or LWET into compliance with the city's ordinances.

2.

Shadow flicker complaint.

(i)

Notify the city in writing regarding concerns about shadow flickers.

(ii)

If the complaint is deemed sufficient by the city to warrant an investigation, the city will request the unit's owner to engage a qualified engineer to determine compliance with the requirements of this ordinance.

(iii)

If the MWET or LWET owner does not schedule the required test within 21 days from the date that the city requires the conducting of a shadow flicker certification test and supply the test results, or if the unit is in violation of the ordinance shadow flicker requirements, the owner shall take immediate action to bring the SSMWET or STMWET into compliance and shall cease operating the WET until the ordinance violations are corrected.

(iv)

The city shall have the right to use funds from any bond or performance guarantee to fund corrective actions which may be required to place a MWET or LWET into compliance with the city's ordinances.

A WET shall not be operated unless:

(1)

It has first been inspected by the city; and

(2)

It meets the requirements of the city. As a part of an inspection, a WET may be placed in an operational mode. A WET shall not be operated and it shall be placed into a locked position if it no longer complies with the terms of this article.