(A) Purpose. The purpose of this section is to promote the safe use of wind energy conversion systems that are designed to reduce the on-site consumption of utility-supplied electricity by establishing regulations on the sitting, design, and installation of energy conversion systems so that the public health, safety, and welfare of neighboring property owners or occupants will not be jeopardized. This section applies to all wind energy conversion systems constructed and operated in the township whether or not the system is capable of feeding produced energy into the local utility grid. In no case shall the provisions of this section guarantee the wind rights or establish access to the wind.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SHADOW FLICKER. The phenomenon created by light casting a shadow on moving turbine blades; where this shadow is cast creates a potential annoyance to adjoining property owners.
TOWER. The vertical component of a wind energy system, whether guyed or freestanding, for the exclusive purpose of elevating the wind turbine/generator and attached blades or rotors above the ground. The term TOWER may also refer to the structure that elevates a wind anemometer for the purpose of feasibility studies preliminary to the placement of a wind energy conversion system (WECS).
TOWER HEIGHT. The height above grade to a blade tip at its highest point of travel.
WIND ENERGY CONVERSION SYSTEMS (WECS). Any device which converts wind energy into electricity through the use of a wind turbine generator and includes a rotor, a generator or alternator mounted on a frame, a tail, a tower, wiring, and the “balance of system” components such as controllers, inverters, and/or batteries.
(1) PRIVATE WECS. Any WECS that is accessory to a principal use located on the same lot and is designed and built to serve the needs of the principal use.
(2) COMMERCIAL WECS. Any WECS that is designed and built to provide electricity to the electric utility's power grid.
(C) Review and approval requirements.
(1) Wind energy conversion systems may be permitted as a special land use in all zoning districts and shall be reviewed and approved in compliance with §§ 153.215 through 153.218 in all zoning districts as listed in the Code of Ordinances, provided that they conform to the requirements of this section.
(2) Exceptions: a special land use permit is not necessary for a proposed private WECS when the WECS is designed and built to serve the needs of the principal use and when the height does not exceed the maximum building height as listed in the schedule of regulations by zoning districts.
(a) A review by the Building Official for compliance with all other regulations listed below shall be required. Prior to the issuance of a construction permit for a private WECS by the Building Official a notice shall be mailed to all adjoining property owners to receive public comments.
(b) In the event that a WECS review is denied by the Building Official, an appeal may be made to the Zoning Board of Appeals. If the official's decision is upheld, appeal may be taken to the Circuit Court for the County of Genesee.
(3) All applications for a WECS special land use approvals shall be submitted to the Building Official with an application as provided for by the township, accompanied with the required application fees, a detail site plan drawn to scale and dimensioned, and displaying all of the following information.
(a) All lot lines dimensions, including a legal description.
(b) Distances between existing and proposed setbacks for the WECS from all property lines and from all structures located on the property where the WECS will be located and for all structures located off-site within 300 feet of the exterior property lines where the WECS will be located.
(c) The location and height of all existing and proposed buildings, structures, electrical lines, towers, guy wires and guy wire anchors, and security fencing.
(d) Location and height of all adjacent buildings, structures, and above ground utilities located within 300 feet of the exterior property lines of the lot or parcel where a proposed WECS will be located.
(e) An elevation drawing of the proposed WECS.
(f) Planned security measures to prevent unauthorized access to the proposed WECS.
(g) Show any access driveway or road to the proposed WECS.
(h) Any additional details and or information as required by the special use requirements of this section, or as requested by the Planning Commission and or Building Official.
(4) The safety of the design of all WECS towers shall be certified by a professional engineer registered in the state. A copy of the manufacturer’s installation instructions, standard for certification, and blueprints shall be provided to the Building Official prior to the issuance of a building permit. Included as part of or as an attachment to the installation instructions shall be standard drawings, including base and footing details, along with engineering data and calculations to demonstrate compliance with the structural design provisions of the Building Code.
(5) All electrical compartments, storage facilities, wire conduit, and interconnections with utility companies shall conform to state and local electrical codes. All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(6) Only 1 WECS shall be located on each parcel of record within the township. The Planning Commission may wave this provision for clusters of 2 or more WECS, commonly known as wind farms, when used for commercial purposes. Said WECS may or may not be owned by the owner of the property upon which the WECS is located or placed.
(7) The maximum height of a private WECS shall be 35 feet to the top of the blade at the maximum vertical position. The maximum height of a commercial WECS shall be 50 feet to the top of the blade at the maximum vertical position. The Planning Commission may wave the height requirement where it can be shown that there is a need to exceed the height limits to obtain necessary wind speed required for a WECS.
(8) Setbacks to the base of the tower shall be no less than 1-1/2 times the total height of the proposed WECS. Guy wire anchors if used may be no closer than 10 feet from any property boundary.
(9) Guy wires associated with the installation of any WECS shall be marked and clearly visible to a height of 8 feet above the ground or completed enclosed by a fence with a minimum height of 4 feet.
(10) The minimum blade or rotor clearance above the ground shall be 20 feet, with a minimum of 75 feet of clearance over and from any structure, adjoining property, or tree.
(11) The WECS tower shall not be lighted, except due to any applicable FAA regulations, and shall not be used for the placement of any antennas or other purpose not related directly to the support of a wind turbine.
(12) The WECS tower shall be designed and installed so as not to provide a ladder or other publicly accessible means of climbing the tower, for a minimum height of 12 feet above the ground, or enclosed by a locked, protective fence at least 10 feet high with barbed wire placed along the top of the fence.
(13) All WECS must be equipped with manual and automatic over speed controls to limit the blade speed to the engineered design limits of the installation.
(14) Noise level associated with a wind energy installation shall be limited to a maximum of 55 decibels as measured at the property line nearest the tower.
(15) The WECS tower and turbine placement shall be such that the shadow flicker does not interfere with adjoining property owners.
(16) A WECS shall not contain advertising, except manufacturing labels pre-attached and less than 1 square foot in size, and the tower shall be painted a neutral color rendering the WECS visually inconspicuous.
(17) A WECS that is not functional for a period of 12 consecutive months shall be promptly removed by the owner.
(D) Repeal. If any section, subsection, sentence, clause, or phrase of this section is, for any reason, held to be unconstitutional, any such decision shall not affect the validity of the remaining portions of this section. The township hereby declares that it would have passed this section and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional.
(E) Saving clause. Nothing in this section or in the code hereby adopted shall be construed to affect any suit or proceeding pending in any court or administrative body, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed by this section; nor any just or legal right or remedy of any character be lost, impaired, or affected by this section.
(F) Severability. If any section, subsection, clause, phrase, or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion of this section, and such holding shall not affect the validity of the remaining portions of this section.
(Ord. 10-188, passed 10-19-2010; Am. Ord. 21-006-153.006 et seq., passed 10-19-2021)