(A) Intent; systems not permitted. An on-site use wind energy system (see § 153.002 for definition) is intended to first serve the needs of the applicant. A utility grid wind energy system (see § 153.002 for definition) is not a permitted use under this section. A utility grid wind energy system is separately provided for and regulated as a special land use (§ 153.243) in the AG and LI Districts. An anemometer tower shall abide by the same regulations below for on-site wind systems and shall be removed before an on-site use wind system is installed.
(B) General requirements in all zoning districts.
(1) Setbacks. The base of the tower shall be setback a distance of not less than one and one-half times the height of the tower from the nearest property line. In addition, no part of the wind energy system structure, including guy wire anchors, may extend closer than ten feet to the nearest property line.
(2) Noise. Sound pressure levels shall not exceed 55 dB(A) at the property line closest to the wind energy system. 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).
(3) Shadow flicker. The applicant must demonstrate that no adverse shadow flicker impact will occur from sunrise to sunset throughout the year on any occupied buildings and lands of adjacent properties. Measures to eliminate or mitigate any potential shadow flicker impacts shall be identified and be made known to adjacent property owners.
(4) Safety.
(a) Vertical clearance. The minimum vertical blade tip clearance from grade shall be 20 feet for a wind energy system employing a horizontal axis rotor. Blade or rotor arc must be demonstrated to be a safe and reasonable distance from any separate building, structure, utility wire or tree.
(b) Guy wire visibility. If a wind energy system tower is supported by guy wires, the wires shall be clearly visible to a height of at least six feet above the guy wire anchors.
(c) Rotor or blade integrity protection. An on-site use wind energy system shall have automatic braking, governing or a feathering system to prevent uncontrolled rotation or over speeding.
(d) Lightning. All wind energy system towers shall have lightning protection.
(5) Construction codes, towers and interconnection standards. On-site use wind energy systems, including towers, shall comply with all applicable state construction and electrical codes and local building permit requirements. On-site use wind energy systems, including towers, shall comply with Federal Aviation Administration requirements, the State Airport Zoning Act, Public Act 23 of 1950, being M.C.L.A. §§ 259.431 et seq., the State Tall Structures Act, Public Act 259 of 1959, being M.C.L.A. §§ 259.481 et seq., and any local jurisdiction airport overlay zone regulations. If an on-site use wind energy system is attached to a building or structure, the building inspector must approve it as being safe and secure and in accordance with all applicable state construction and electrical codes.
(6) Wiring. All wiring between the tower and the principal building shall be underground.
(C) Residential Districts (except AG). When located in SF, R-1, RM and RC Districts, the following additional regulations shall apply:
(1) An on-site use wind energy system shall be located only in a rear yard, or if attached to a building or other structure it shall be located at the rear of said building or structure;
(2) The height of the tower above the average grade of the lot shall not exceed 65 feet to the top of the blade in its vertical position; and
(3) Only one wind energy system is permitted per lot or premises.
(D) Business Districts. When located in B-1 or B-2 Districts, the height of the tower above the average grade of the lot shall not exceed 75 feet to the top of the blade in its vertical position.
(E) Agricultural and Industrial Districts. When located in AG or LI Districts, the height of the tower may exceed district height limits. When located in AG Districts an on-site use wind energy system shall be located only in a rear yard when the subject lot or parcel contains a residence, or if attached to a building or other structure it shall be located at the rear of said building or structure.
(F) Decommissioning.
(1) The on-site use wind energy system and all appurtenances thereto shall be removed from the site within one year after the system is no longer in use (not generating any electricity for over 12 months). The owner of the land upon which the system is located shall be responsible for such removal. A system which is not so removed shall constitute a public nuisance per se.
(2) The applicant shall post a bond (cash or irrevocable bank letter of credit) with the township in an amount sufficient for the removal of the on-site use wind energy system (including all accessory buildings and structures), clean up of the site including removal of the foundations and restoration of the site to a condition equal to or better than that which existed prior to the installation of the system.
(Ord. 28, passed 2-9-2011) Penalty, see § 153.999