Any WES (including a structure mounted WES) that is taller than 65 feet in height, wind farms, single WES for commercial purposes and utility grid wind energy systems may be allowed as a special use only within the Ag-1, Ag-2, C-1, C-2, C/1, I-1 and I-2 Zoning Districts subject to all of the following regulations and requirements of this section and also the general special use review procedures and standards of §§ 154.185 through 154.194 of this chapter.
(A) Site plan requirements. For those WES for which a special use is required, the following items shall be included with or on the site plan:
(2) Digital versions of all planning and construction documents required pursuant to § 154.160 of this chapter. Digital submittals are in addition to paper plans and do not replace any current submission requirements. Digital versions shall be submitted in PDF (Adobe Acrobat/Portable Document File) format;
(3) A decommissioning plan as required by § 154.310 of this chapter;
(4) A location map of the proposed WES sufficient to show the character of the area surrounding the proposed WES;
(5) Location and height of all existing and proposed buildings, structures, boundary lines, electrical lines, towers, guy wires, guy wire anchors, security fencing and any other above-ground structures proposed or existing for the parcel or parcels containing the WES;
(6) Distances from the WES structures to all other buildings, structures, boundary lines and above ground utilities on the parcel or parcels upon which the WES is proposed to be located;
(7) Distance from the proposed WES to the nearest occupied dwelling unit on a parcel which does not contain the WES;
(8) Location of all existing overhead and underground electrical transmission or distribution lines, located on the lot or parcel(s) upon which the WES or is proposed to be located, as well as within 300 feet of the boundaries of the parcel(s). The applicant shall also provide evidence to the township that easements have been obtained from the property owners for the construction of the transmission and distribution lines. The applicant shall also provide as-built drawings to the township of all electrical transmission lines constructed to serve the WES;
(9) Location, height and type of all buildings and structures within one mile of the exterior boundaries of the lot or parcel where the WES is proposed to be located;
(10) Contour elevations of at ten-foot intervals of the parcel(s) upon which the WES is proposed to be located;
(11) Land uses within one mile of the parcel(s) containing the WES;
(12) A description of the routes to be used by construction and delivery vehicles and of any road improvements that will be necessary in the township to accommodate construction vehicles, equipment or other deliveries;
(13) Access drives to the WES, including dimensions and composition, with a narrative describing proposed maintenance of the drives;
(14) All lighting proposed for the site, including diagrams of lighting fixtures proposed if requested by the Planning Commission;
(15) Security measures proposed to prevent unauthorized trespass and access;
(16) Standard drawings of the structural components of the WES, including structures, towers, bases and footings. A registered engineer shall certify drawings and any necessary calculations that show that the system complies with all applicable local, state and federal building, structural and electrical codes;
(17) The applicant shall provide elevation drawings, detailed computer and/or photographic simulations and other models and visual aids showing the wind energy system with all related facilities as they will appear on the proposed site from vantage points north, south, east and west of the project at points one mile from the site and at three miles from the site;
(18) Maintenance and construction schedule. The applicant shall provide a written description of the maintenance program to be used to maintain the WES, including a schedule of types of maintenance tasks to be performed and the anticipated construction schedule;
(20) The Planning Commission may waive or modify some of the above requirements at the request of the applicant if it is determined that those items would not be needed to properly review the project.
(B) Construction standards for WES.
(1) Height. The height of a WES for which a special use is required shall not exceed 500 feet.
(2) Setbacks and separation. The following setbacks and separation requirements shall apply to all WES.
(a) Inhabited structures. On a participating parcel, each WES shall be set back from the nearest inhabited structure a distance of no less than 1,320 feet. Regarding a non-participating parcel, each WES shall be set back from the nearest inhabited structure a distance of no less than 1,640 feet. A lesser setback may be approved by the Planning Commission only with written approval from the owner of the inhabited structure.
(b) Special structures and boundaries. A WES shall be setback a minimum of 1,640 feet from a school, hospital, church, public library, city, village or adjacent township boundary.
(c) Other setbacks. Except as required by division (B)(2) above, a WES shall be set back from all property lines, road rights-of-way, gas transmission lines, railroads rights-of-way, communication and electrical lines a distance of not less than one and one-half times the WES height. For wind farms, the set back shall be measured from the property lines of non-participating parcels.
(d) Tower separation.
1. The separation of one WES from another WES shall be based on:
a. Industry standards; and
b. Manufacturer certification.
2. At a minimum, there shall be a separation between adjacent WES of not less than three times the rotor diameter of the WES. Documents shall be submitted to the township by the applicant/manufacturer confirming specifications for WES separation.
(e) Rotor or blade clearance. Blade arcs created by a WES shall have a minimum of 30 feet of clearance over, above and from any structure, adjoining property or tree.
(f) Visual appearance and lighting. The applicant shall reduce the visual impact of a WES to the extent possible, utilizing at least all of the following.
1. A WES shall be mounted on tubular towers, painted a non-reflective, white, off-white or gray color. The appearance of the WES and buildings shall be maintained throughout the life of the wind energy facility pursuant to industry standards.
2. The design of the WES’s buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend facility components with the natural setting and the existing environment.
3. A WES shall not be artificially lighted, except to the extent required by the FAA or other applicable authority, or otherwise necessary for the reasonable safety and security thereof.
4. There shall be no advertising on the WES or any of its components.
(g) Certification of compliance. The applicant shall provide certification to the township that the applicant has complied or will comply with all applicable county, state and federal laws and regulations including, but not limited to:
1. All applicable state construction and electrical codes and local building permit requirements;
2. Federal Aviation Administration requirements;
3. The state’s Airport Zoning Act, Pubic Act 23 of 1950, being M.C.L.A. Chapter 259, as amended;
4. The state’s Tall Structures Act, Public Act 259 of 1959, being M.C.L.A.
§§ 259.481 et seq. as amended;
5. The township’s Airport Overlay Zone;
6. Private landing strips in or adjacent to the township; and
7. The state’s Public Service Commission and Federal Energy Regulatory Commission if the WES is an interconnected system.
(C) Exception. A WES (except for a structure mounted WES) may be located on a lawful parcel or parcels that do not have frontage on a public or private road.
(Ord. passed 7-12-2012, § 4.15; Ord. 19-3, passed 7-11-2019; Ord. 19-5, passed 8-8-2019; Ord. 2020-01, passed - -2020)