(A) Intent. The intent of this section is to promote the effective and efficient use of wind energy conversion systems (WECS) with minimum regulations on the siting, design and installation of conversion systems so that the public health, safety, and welfare of neighboring property owners or occupants will not be jeopardized.
(B) Approval required.
(1) (a) Except where noted in this section, it shall be unlawful to construct, erect, install, alter, locate, or use any WECS project within Manchester Village unless a conditional use permit has been obtained pursuant to this section.
(b) Application for conditional use permit required by this section shall be made on forms provided by Manchester Village and shall contain the following, in addition to § 151.022 (Conditional land uses):
1. Plot plan to show location of the WECS pole or tower, guy lines where required, guy line anchor bases, and their distance from all property lines;
2. Methods to screen the base of the WECS pole and/or other ground apparatus; and
3. A permit fee for each WECS as set by Village Council must accompany the application.
(2) Roof mounted WECS are prohibited.
(C) Exemption from conditional use permit.
(1) Private freestanding WECS not exceeding 40 feet may be permitted with administrative approval. An application shall be submitted to Zoning Administrator for approval.
(2) Agricultural WECS projects accessory to permitted farm and agricultural operations shall be exempt from the requirements of this section. Agricultural WECS projects shall conform to the regulations of the zoning district, including maximum height and minimum setback standards.
(D) General standards. The following standards shall apply to all private and commercial wind energy conversion systems in Manchester Village:
(1) Design safety certification. The safety of the design of all WECS towers shall be certified by a professional engineer registered in the State of Michigan. The standard for certification shall be included with the permit application.
(2) Controls and brakes.
(a) All private projects shall be equipped with manual and automatic controls to give protection to power grids and to limit rotation of blades to a speed below the designed limits of the WECS. The professional engineer must certify that the rotor and over-speed control design and fabrication conform to applicable design standards.
(b) No changes or alterations from certified design standards shall be permitted unless accompanied by a professional engineer’s statement of certification.
(3) Electrical components. All electrical compartments, storage facilities, wire conduit, and interconnections with utility companies must conform to national and local electrical codes.
(4) Compliance with laws. Projects shall be in compliance with all Manchester Village zoning ordinance requirements, applicable ordinances, statutes, rules, and laws.
(5) Setbacks. All projects must be setback from property lines at a distance equal to or greater than 150% of the WECS height. No part of the wind system structure, including guy wire anchors, may extend within the required setbacks.
(6) Height is measured by the height above grade of the wind energy tower, including the wind turbine or blades at their maximum height. Maximum height of private WECS shall be 70 feet. Commercial WECS projects shall be exempt from the height requirements of this chapter, subject to the provisions of § 151.022 (Conditional uses), and compliance with FAA regulations.
(7) Installation certification. The professional engineer shall certify that the construction and installation of the project meets or exceeds the manufacturer’s construction and installation standards.
(8) Climb prevention. All project towers, guy wires, and or poles must be un-climbable by design or protected by anti-climbing devices such as:
(a) Fences with locking portals at least 6 feet high;
(b) Anti-climbing devices 12 feet from base of pole; or
(c) Anchor points for guy wires supporting tower shall be enclosed by a 6-foot high fence or shall be located within the confines of a yard that is completely fenced.
(9) Interference. It shall be the responsibility of the person in charge of the WECS to submit acceptable documentation as part of the conditional use permit to determine if the WECS project would in any way cause interference with microwave transmissions, residential television reception, or radio reception.
(10) Fire risk. All private projects must adhere to all applicable electrical codes and standards, must remove fuel sources, such as vegetation, from the immediate vicinity of electrical gear and connections, and must utilize twistable cables on turbines.
(11) Waste. All solid wastes, whether generated from supplies, equipment parts, packaging, operation, or maintenance of the WECS, including old parts and equipment, shall be removed from the site immediately and disposed of in an appropriate manner. All hazardous waste generated by the operation and maintenance of the WECS, including but not limited to lubricating materials, shall be removed from the site immediately and disposed of in a manner consistent with all local, state, and federal rules and regulations.
(12) Noise levels. The noise level measured at the property line of the property on which the project has been installed shall not exceed 55 decibels.
(13) Liability insurance. The owner or operator of the project shall maintain a current insurance policy with a bond rating acceptable to the Village to cover installation and operation of the project and provide proof to the village. The amount of the policy shall be established as a condition of conditional use permit approval. For a private WECS project accessory to a principal residence, proof of homeowner’s insurance with specific coverage of at least $1,000,000 general liability for the WECS shall satisfy this requirement.
(14) Performance guarantee required. In the interest of insuring compliance with these provisions the applicant shall deposit a performance guarantee for a conditional use as set forth in § 151.026.
(E) Additional standards for private wind energy systems.
(1) Utility notification. No project shall be installed until written evidence has been provided to the village that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
(2) Signage and color. No project shall display visible signage, such as advertisements, on its face and should be painted a neutral grey, white or light blue. Other neutral colors may be approved by the Zoning Administrator.
(3) Shadow flicker. At the discretion of the Zoning Administrator the applicant shall submit a copy of a shadow flicker analysis at the property line to identify the locations of shadow flicker that may be caused by the project and it shall also identify problem areas where shadow flicker may affect adjacent parcels and show measures that shall be taken to eliminate or mitigate the problems.
(4) Guy wire safety. If the system is supported by guy wires, the wires shall be visible to a height of a least 6 feet above the guy wire anchors.
(5) Lightening protection. All towers shall have lightning protection.
(6) Lighting. Artificial lighting shall be at the discretion of the Zoning Administrator. Artificial lighting shall be discouraged unless required by the Federal Aviation Administration.
(7) Abandonment and removal. In the event a project which has been granted a conditional use permit or administrative approval is abandoned or unused for a period of 180 days, the owner of the system or land shall promptly remove system and all related equipment. Failure to remove the system and related equipment in accordance with the foregoing shall subject the system and land owners to fines established by the Village Council. In addition, by accepting a conditional use permit for the system the applicant and the land owner agree that in the event the tower and equipment is not removed as required, after 30 days’ notice from the village, the village shall undertake such removal and bill the costs to the applicant and the land owner plus administrative fees of 15% which, if not paid within 30 days shall be assessed against the land on which the system and related equipment is located and collected in the same manner as delinquent taxes. In addition, the village can pursue any other relief to which it is entitled to by law.
(F) Additional standards for commercial WECS projects. The following additional standards shall apply to all commercial wind energy conversion systems in Manchester Village:
(1) Color. Towers and blades shall be painted any neutral color that is acceptable to Manchester Village or otherwise required by law.
(2) Compliance with FAA. It shall be the responsibility of the person in charge of the project to complete the proper FAA applications and obtain the proper permits for the project. It shall also be the responsibility of the person in charge of the project to obtain a determination of no significant impact to air navigation from the FAA.
(3) Warning. A visible warning sign of “High Voltage” may be required to be placed at the base of all projects. The sign must have at a minimum six-inch letters with 3/4-inch stroke. Such signs shall be located a maximum of 300 feet apart and at all points of site ingress and egress.
(4) Annual inspection. Every project must be inspected annually by an authorized factory representative or professional engineer to certify that it is in good working condition and not a hazard to the public. Such records shall be submitted to Manchester Village and considered a part of the continuing conditional use permit.
(5) Compliance with additional regulations. It shall be the responsibility of the person in charge of the project to contact the FCC and FAA regarding additional permits necessary or any other applicable federal or state regulations for the installation, prior to the Manchester Village granting a conditional use permit.
(6) Migratory birds. The village may require an avian study conducted to determine any potential impacts the project may present to migratory birds. The study as part of the conditional use permit must provide assurances that the project does not negatively affect the path of migratory birds.
(7) Decommissioning plan and escrow.
(a) The project must contain a decommissioning plan to ensure it is properly decommissioned upon the end of the project life or facility abandonment. Facility abandonment shall mean out of production for a period of time not less than 1 year.
(b) Decommissioning shall include: removal of all structures (including transmission equipment and fencing) and debris to a depth of 4 feet, restoration of the soil, and restoration of vegetation within 6 months of the end of project life or facility abandonment.
(c) The decommissioning plan shall state how the facility will be decommissioned, the professional engineer’s estimated cost of decommissioning, the financial resources to be used to accomplish decommissioning, and the escrow agent with which the resources shall be deposited. The decommissioning plan shall also include an agreement between the applicant and the village that:
1. The financial resources for decommissioning shall be in the form of a surety bond, irrevocable bank letter of credit, or a cash surety that shall be deposited in an escrow account with an escrow agent acceptable to Manchester Village.
2. The village shall have access to the escrow account funds for the expressed purpose of completing decommissioning if decommissioning is not completed by the applicant within 6 months of the end of project life or facility abandonment.
3. The village is granted the right of entry onto the site, pursuant to reasonable notice, to effect or complete decommissioning.
4. The village is granted the right to seek injunctive relief to effect or complete decommissioning, as well as the village’s right to seek reimbursement from applicant or applicant’s successor in interest for decommissioning costs in excess of the amount of the surety and to file a lien against any real estate owned by applicant or applicant's successor or in which they have an interest for the amount of the excess, and to take all steps allowed by law to enforce said lien. Applicant shall consent to lien rights of the village to recover excess costs as part of conditional use approval for the WECS.
(Ord. 279, passed 9-19-2011)