(A) A utility grid wind energy system (wind farm) is a wind energy system that is designed and built to provide electricity to the electric utility grid. These wind farms are intended to be so constructed and located to be compatible with other land uses such as farms and industrial uses, while protecting and being distant from residential developments. An anemometer tower shall abide by the same regulations below for a utility grid wind energy system and shall be removed before a utility grid wind energy system is installed.
(B) Utility grid wind energy systems may be permitted as a special land use in the AG Agricultural and LI Light Industrial Districts subject to the following conditions.
(1) Setbacks. Any towers shall be setback a minimum of 1,320 feet from any residential district, except the AG Agricultural District, and 1,000 feet from any existing off-site residence. Furthermore, the base of any tower shall be setback from the nearest property line a distance of not less than one and one-half times the height of the tower. In addition, no part of the wind energy system, including any guy wire anchors, may extend closer than 40 feet to any property line or existing right-of-way line, unless a plan for location(s) of accessory structures and equipment is presented (including screening) and is approved as part of the site plan. Land included within such minimum setback areas from a property line shall remain undivided and undeveloped with other structures not accessory to the tower.
(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 5dB(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) Clearances. The minimum vertical blade tip clearance from grade shall be 30 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 (at least 20 feet) 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 a least six feet above the guy wire anchors.
(c) Rotor or blade integrity protection. A 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. Wind energy systems, including towers, shall comply with all applicable state construction and electrical codes and local building permit requirements. Wind energy systems, including towers, shall comply with Federal Aviation Administration requirements, the regulations of the State Aeronautics Commission, and the State Tall Structures Act, Public Act 259 of 1959, being M.C.L.A. §§ 259.481 et seq. If a utility grid 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) Height limits. A utility grid wind energy system (wind farm) may exceed district height limits. Multiple towers are permitted.
(7) Miscellaneous requirements.
(a) Electromagnetic interference. No wind energy system shall be installed in any location where its proximity to existing fixed broadcast, retransmission or reception antennae for radio, television or wireless telephone 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. The applicant shall submit documentation from the manufacturer which demonstrates that the wind energy systems’ generation of electromagnetic energy falls within a range that minimizes or eliminates any off-site interference.
(b) Vibration/enhanced wind currents. No wind energy system generated vibrations or enhanced wind currents shall be humanly perceptible beyond the property boundaries of the lot or parcel on which the wind energy system is located.
(c) Documentation. The manufacturer’s material safety data sheets shall be provided to the township with the application. Documentation shall include the type and quantity of all materials used in the operation of all equipment including, but not limited to, all lubricants and coolants.
(d) County Road Commission; performance bond. The applicant shall provide documentation that the County Road Commission has been contacted, and if required, that a performance bond has been posted (or other measures have been taken) for the protection and/or restoration of all roads over which heavy equipment or materials will be transported.
(8) Decommissioning.
(a) The utility grid wind energy system (wind farm) and all appurtenances thereto shall be removed from the site within one year after the wind energy 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 wind energy system which is not so removed shall constitute a public nuisance per se.
(b) 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 utility grid wind energy system (wind farm) 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.
(9) Group of properties. A developer may seek Planning Commission approval of a utility grid wind energy system (wind farm) incorporating a block of or group of properties under multiple, separate ownerships provided:
(a) All of the above regulations (divisions (B)(1) through (B)(8)) still apply, but to the whole rather than individual properties;
(b) A written agreement among the participating property owners has been signed and recorded at the County Register of Deeds; and
(c) The proposal does not leave one or more non-participating properties surrounded or otherwise isolated.
(Ord. 28, passed 2-9-2011) Penalty, see § 153.999