Utility grid wind energy systems, on-site use wind energy system over 60 feet high, and anemometer towers over 60 feet high.
(A) Intent and purpose. The intent and purpose of these regulations for the utility grid wind energy systems, on-site use wind energy systems over 60 feet high, and anemometer towers over 60 feet high shall meet the following standards in addition to the general special use standards (§§ 154.110 and 154.111). These regulations will:
(1) Facilitate the safe development of wind conversion energy on the scale that supports the state utility grid or for those larger installations for on-site use;
(2) Minimize adverse visual effects of towers through design an siting standards; and
(3) Avoid potential damage to adjacent property from tower failure through structural standards and setback requirements.
(B) Property setback.
(1) Anemometer tower setback shall be the greater distance of the following:
(a) The setback from property lines of the respective zoning district;
(b) The setback from the road right-of-way; and
(c) A distance equal to the height of the tower from property lines or from the lease unit boundary, whichever is less.
(2) Utility grid and on-site use wind energy system setback shall be greater distance the following:
(a) The setback from property lines of the respective zoning district;
(b) The setback from the road right-of-way; and
(c) A distance equal to the 110% if the height of the system including the top of the blade in its vertical position from property lines or from the lease unit boundary, whichever is less.
(3) An operations and maintenance office building, a sub-station, or ancillary equipment shall comply with any property set-back requirement of the respective zoning district. Overhead transmission lines and power poles shall comply with the setback and placement requirements applicable to public utilities.
(C) Sound pressure level. The sound pressure level shall not exceed 55 dB(A) measured at the property lines or the lease unit boundary, whichever is farther from the source of the noise. This sound pressure level shall not be exceeded for more than three minutes in any hour of the day. If the ambient sound pressure level exceeds 55 dB(A), the standard shall be ambient dB(A) plus 5 dB(A).
(D) Safety. Shall be designed to prevent unauthorized access to electrical and mechanical components and shall have access doors that are kept securely locked at all times when service personnel are not present.
(1) All spent lubricants and cooling fluids shall be properly and safely removed in a timely manner from the site of the wind energy system.
(2) A sign shall be posted near the tower or operations and maintenance office building that will contain emergency contact information.
(3) Signage placed at the road access shall be used to warn visitors about the potential danger of falling ice.
(4) The minimum vertical blade tip clearance from grade shall be 20 feet for a wind energy system employing a horizontal axis rotor.
(E) Post-construction permits. Construction codes, towers and interconnection standards shall comply with all applicable state construction and electrical codes and local building permit requirements.
(F) Pre-application permits.
(1) Utility infrastructure: shall comply with Federal Aviation Administration (FAA) requirements, the Michigan Airport Zoning Act (Public Act 23 of 1950 as amended, being M.C.L.A. §§ 259.431 et seq.), the Michigan Tall Structures Act (Public Act 259 of 1959 as amended, being M.C.L.A. §§ 259.481 et seq.) and local jurisdiction airport overlay zone regulations. The minimum FAA lighting standards shall not be exceeded. All tower lighting required by the FAA shall be shielded to the extent possible to reduce glare and visibility from the ground. The tower shaft shall not be illuminated unless required by the FAA. Utility grid wind energy systems shall comply with applicable utility, the State Public Service Commission and Federal Energy Regulatory Commission interconnection standards.
(2) Environment:
(a) The site plan and other documents and drawings shall show mitigation measures to minimize potential impacts on the natural environment including, but not limited to wetlands and other fragile ecosystems, historical and cultural sites, and antiquities, as identified in the environmental analysis.
(b) Comply with applicable parts of the Michigan Natural Resources and Environmental Protection Act (Public Act 451 of 1994, being M.C.L.A. §§ 324.101 et seq.) including, but not limited to:
1. Part 31 Water Resources Protection (M.C.L.A. §§ 324.3101 et seq.)
2. Part 91 Soil Erosion and Sedimentation Control (M.C.L.A. §§ 324.9101 et seq.)
3. Part 301 Inland Lakes and Streams (M.C.L.A. §§ 324.30101 et seq.)
4. Part 303 Wetlands (M.C.L.A. §§ 324.30301 et seq.) as shown by having obtained each respective permit with requirements and limitations of those permits reflected on the site plan.
(G) Performance bond. Performance bond, pursuant to § 154.135, shall be provided for the applicant making repairs to public roads damaged by the construction of the wind energy system
(H) Utilities. Power lines should be placed underground, when feasible, to prevent avian collisions and electrocutions. All above-ground lines, transformers or conductors should comply with the Avian Power Line Interaction Committee (APLIC, http://www.aplic.org/) published standards to prevent avian mortality.
(I) Application. The following standards apply only to utility grid wind energy systems.
(1) Visual impact: utility grid wind energy system projects shall use tubular towers and all utility grid wind energy systems in a project shall be finished in a single, non-reflective matte finished color. A project shall be constructed using wind energy systems of similar design, size, operation and appearance throughout the project. No lettering, company insignia, advertising or graphics shall be on any part of the tower, hub or blades. Nacelles may have lettering that exhibits the manufacturer’s and/or owner’s identification. The applicant shall avoid state or federal scenic areas and significant visual resources listed in the local unit of government’s plan.
(2) Avian and wildlife impact: site plan and other documents and drawings shall show mitigation measures to minimize potential impacts on avian and wildlife, as identified in the avian and wildlife impact analysis.
(3) Shadow flicker: site plan and other documents and drawings shall show mitigation measures to minimize potential impacts from shadow flicker, as identified in the shadow flicker impact analysis.
(4) Decommissioning: a Planning Commission approved decommissioning plan indicating:
(a) The anticipated life of the project;
(b) The estimated decommissioning costs net of salvage value in current dollars;
(c) The method of ensuring that funds will be available for decommissioning and restoration; and
(d) The anticipated manner in which the project will be decommissioned and the site restored.
(5) Complaint resolution: a Planning Commission approved process shall be put in place to resolve complaints from nearby residents concerning the construction or operation of the project.
(6) Electromagnetic interference: no utility grid wind energy system shall be installed in any location where its proximity to existing fixed broadcast, retransmission or reception antennas for radio, television or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception, unless the applicant provides a replacement signal to the affected party that will restore reception to at least the level present before operation of the wind energy system.
(J) Installation. No utility grid wind energy system shall be installed in any location within the line of sight of an existing microwave communications link where operation of the wind energy system is likely to produce electromagnetic interference in the link’s operation unless the interference is insignificant.
(Ord. 190, passed 6-7-2010)