(A) Purpose. The township promotes the effective and efficient use of wind energy conversion systems (WECS) with minimum regulation respecting their siting, design, and installation so that the public health, safety, and welfare of neighboring property owners or occupants will not be jeopardized. The section is not a guarantee or right to establish access to wind.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURE WECS. Any WECS that is accessory to a permitted farm or agricultural operation and is designed and built to serve the needs of the farm or agricultural operation.
AUTHORIZED FACTORY REPRESENTATIVE. An individual who has received WECS technical training, including instruction in installation and maintenance, and is certified by the applicable WECS manufacturer.
COMMERCIAL WECS. Any WECS that is designed and built to provide electricity to an electric utility’s power grid.
FACILITY ABANDONMENT. A WECS which is out of production for a period of time of at least 12 months.
MANUAL AND AUTOMATIC CONTROLS. That which protects a power grid and limits the speed of rotations of WECS’s blades at or below the designated limits of the conversion system.
PRIVATE WECS. Any WECS that is accessory to a principal non-farm or non-agricultural use, located on the same lot and designed and built to serve the needs of the principal use.
PROFESSIONAL ENGINEER. Any appropriately licensed engineer registered in the State of Michigan (state).
WECS. Any device such as wind charger, windmill, or wind turbine that converts wind energy to a form of usable energy.
(C) Approval required. It shall be unlawful to construct, erect, install, alter, or locate any WECS within the township unless a special use permit has been obtained pursuant to this chapter. The special use permit shall be applied for on forms provided by the township and, in addition to that required by §§ 153.145 through 153.153, shall include the requisite permit fee and the following information:
(1) Plot plan which details the location of the WECS pole or tower, guide line anchor bases, and their distance from all property boundaries; and
(2) How the base of the WECS pole and/or other ground apparatus shall be appropriately protected and screened.
(D) General standards applicable to all WECS in the township.
(1) Design safety certification certified by a professional engineer and in compliance with the special use permit application. Specifically, the professional engineer must certify that the rotor and over-speed control design and fabrication conform to applicable design standards. The professional engineer must also certify that the WECS meets or exceeds the manufacturer’s construction and installation standards.
(2) Manual and automatic controls which limit the rotation of blades to a speed at or below the designed limits of the WECS. No changes or alterations from certified design shall be permitted unless accompanied by a professional engineer’s certification of such.
(3) Electrical components, storage facilities, wire conduit, cables, and interconnections with an electric utility shall conform to national and local electrical codes.
(4) The WECS shall be in compliance with all applicable ordinances of the township.
(5) The WECS must have a setback from all property boundaries at a distance equal to or greater than 150% of the height of the structure, measured from the base of the structure to the highest reach of its blade.
(6) Private WECS shall conform to the maximum height standards for the applicable zoning district. Commercial WECS shall be exempt from the height requirements, subject to the special use permit and sustained compliance with FAA regulations.
(7) The owner/operator of the WECS must submit acceptable documentation which would determine whether the WECS would in any way cause interference with microwave transmissions, residential television reception, radio reception, or other similar reception.
(8) The WECS shall have no fuel sources, such as vegetation, in the immediate vicinity of electrical gear and connections.
(9) 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 appropriately disposed. All hazardous wastes generated by the WECS including, but not limited to, the lubricating materials shall be immediately removed from the site and properly disposed of according to all applicable law.
(10) The sound from the WECS shall not exceed 55 decibels when measured from any surrounding boundary line.
(11) The installation and operation of the WECS shall be properly and adequately insured with a bond acceptable to the township. For a private WECS accessory to the principal residence, the owner must provide proof of adequate homeowner’s insurance with specific coverage for the WECS.
(E) Additional standards for commercial WECS.
(1) Towers and blades shall be painted any neutral color acceptable to the township or as otherwise required by law.
(2) Prior to the grant of the special use permit by the township, the commercial WECS shall have all applicable permits including that of the FAA; specifically, there shall be a determination by the FAA that there is no significant impact to air navigation.
(3) There shall be posted visible warning signs of “High Voltage”.
(4) Commencing 12 months from the actual month start date of the energy conversion, an authorized factory representative or professional engineer shall annually inspect the commercial WECS and certify to the township that the commercial WECS is in good working condition and not a hazard to the public. Such certification shall be part of the continuing special use permit.
(5) If deemed necessary by the township, the township may require an avian study conducted by a qualified professional to determine any potential impacts on bird migration by the commercial WECS.
(6) All towers or poles must be non-climbable by design or protected by anti-climbing devices such as:
(a) Fences with locking portals at least six feet high;
(b) Anti-climbing devices 12 feet from the base of the pole;
(c) Anchor points for guy wires supporting the tower shall be enclosed by a six-foot high fence or shall be located within the confines of the property which is completely fenced; or
(d) Some other security method.
(7) There shall be a decommissioning plan to ensure proper decommissioning upon the end of the project life or facility abandonment. The decommissioning plan shall include the following:
(a) The removal of all surface structures (such as transmission equipment and fencing), debris, and the establishment or restoration of vegetation within six months, commencing with the month in which ended the project life or facility abandonment;
(b) How the commercial WECS shall be decommissioned, the professional engineer’s estimated cost of the decommissioning, and the financial resources available to accomplish this decommissioning; and
(c) 1. An agreement with the township that the financial resources for decommissioning shall be in the form of a surety bond or deposit with an escrow agent acceptable to the township.
2. The township shall have access to the escrow funds if the commercial WECS is not decommissioned within said six months of the end of the project life or facility abandonment.
3. The township is granted access to the property to assure the commercial WECS has been appropriately decommissioned and/or to complete the decommissioning.
4. The township is granted the right to seek injunctive relief, to seek monetary compensation in excess of the funds available through the escrow as needed to fulfill these obligations, and to resort to other remedies such as a lien whether against the applicant or successor in order to appropriately and reasonably complete the decommissioning.
(Ord. 5, passed 1-18-1973) Penalty, see § 153.999