(A) Safety design standards.
(1) Engineering certification. For all WECS, the manufacture’s engineer or another qualified engineer shall certify that the turbine, foundation and tower design of the WECS is within accepted professional standards, given local soil and climate conditions.
(2) Clearance. Rotor blades or airfoils must maintain at least 12 feet of clearance between their lowest point and the ground.
(3) Warnings. For all commercial WECS, a sign or signs shall be posted on the tower, transformer and substation warning of high voltage. Signs with emergency contact information shall also be posted on the turbine or at another suitable point. Painted aviation warnings are recommended on meteorological towers less than 200 feet.
(4) Guy wires. For all guyed towers, visible and reflective objects, such as plastic sleeves, reflectors or tape, shall be placed on the guy wire anchor points and along the outer and innermost guy wires up to a height of eight feet above the ground. Visible fencing shall be installed around anchor points of guy wires on all commercial, industrial and institutional properties.
(B) Standards.
(1) Total height. Non-commercial WECS shall have a total height of less than 200 feet.
(2) Tower configuration. All wind turbines, which are part of a commercial WECS, shall be installed with a tubular, monopole type tower.
(3) Color and finish. All wind turbines and towers shall be white, grey or another non-obtrusive color. Blades may be black in order to facilitate deicing. Finishes shall be matt or non-reflective. Meteorological towers are exempt from this requirement.
(4) Lighting. Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by Federal Aviation Administration permits and regulations. Red strobe lights are preferred for night-time illumination to reduce impacts on migrating birds. Red pulsating incandescent lights should be avoided.
(5) Other signage. All signage on site shall comply with city ordinances. The manufacturer’s or owner’s company name and/or logo may be placed upon the nacelle, compartment containing the electrical generator, of the WECS.
(6) Feeder lines. All communications and feeder lines, equal to or less than 34.5 kV in capacity, installed as part of a WECS shall be buried where reasonably feasible. Feeder lines installed as part of a WECS shall not be considered an essential service. This standard applies to all feeder lines subject to city authority.
(7) Shadow flicker. Shadow flicker may not exceed 30 hours per year and shall not fall more than 100 feet from an existing residential property.
(8) Waste disposal. Solid and hazardous wastes, including, but not limited to, crates, packaging materials, damaged or worn parts, as well as used oils and lubricants, shall be removed from the site promptly and disposed of in accordance with all applicable local, state and federal regulations.
(9) Discontinuation and decommissioning. A WECS shall be considered a discontinued use after one year without energy production, unless a plan is developed and submitted to the city administrator outlining the steps and schedule for returning the WECS to service. All commercial WECS and accessory facilities, including the foundation, shall be completely removed within a year of the discontinuation of use for commercial WECS projects. For non-commercial projects, the footings for the WECS may be left in place provided the slab remains in place.
(10) Decommissioning plan.
(a) Each WECS shall have a decommissioning plan outlining the anticipated means and cost of removing WECS at the end of their serviceable life or upon becoming a discontinued use.
(b) The cost estimates shall be made by a competent party, such as a professional engineer, a contractor capable of decommissioning or a person with suitable expertise or experience with decommissioning.
(c) The plan shall also identify the financial resources that will be available to pay for the decommissioning and removal of the WECS and accessory facilities.
(11) Orderly development. Upon issuance of a conditional use permit, all commercial WECS shall notify the energy facility permitting staff of Department of Commerce of the project location and details on the form specified by the Department.
(13) Complaint resolution.
(a) The owner/operator of the WECS shall develop a process to resolve complaints from nearby residents.
(b) The process shall use an independent mediator or arbitrator and include a time frame for acting on a complaint.
(c) The applicant shall make every reasonable effort to resolve any complaint.
(14) Electrical codes and standards. All WECS and accessory equipment and facilities shall comply with the National Electrical Code and other applicable standards.
(15) Federal Aviation Administration. All WECS shall comply with FAA standards and permits.
(16) Uniform Building Code. All WECS shall comply with the Uniform Building Code adopted by the state.
(17) Interference.
(a) The applicant shall minimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves or television signals cause by any WECS.
(b) The applicant shall notify all communication tower operators within two miles of the proposed WECS location upon application to the city for permits.
(c) No WECS shall be constructed so as to interfere with any microwave transmissions.
(18) Right of entrance. By the acceptance of the conditional use permit, the owner/operator grants permission to the city to enter the property to remove the WECS pursuant to the terms of the conditional use permit and to assure compliance with other conditions set forth in the permit.
(19) Compliance. All WECS shall comply with any applicable local, state or federal laws, rules, standards or regulations impacting their location, construction, operation or decommissioning.
(C) Avoidance and mitigation of damages to infrastructure and utilities.
(1) Roads. Applicants shall:
(a) Identify all county, city or township roads to be used for the purpose of transporting commercial WECS, substation parts, concrete and/or equipment for construction, operation or maintenance of the commercial WECS and obtain applicable weight and size permits from the impacted road authority(ies) prior to construction; and
(b) Be responsible for restoring or paying damages as agreed to by the applicable road authority(ies) sufficient to restore the road(s) and bridges to preconstruction conditions.
(2) Drainage system. The applicant shall be responsible for immediate repair of damage to public drainage systems stemming from construction, operation or maintenance of the WECS.
(3) Responsibility. The owner of the WECS is responsible for any damage to any below grade public or private utilities, due to the installation, operation, decommissioning or action otherwise resulting for any WECS.
(2002 Code, § 7.43) (Ord. 83, Sixth Series, effective 3-30-2008; Ord. 85, Sixth Series, effective 7-30-2008; Ord. 32, Seventh Series, effective 8-8-2015)