§ 44-201. Wind energy conversion systems (WECS).

(a)

Intent. It is the intent of the city to promote the effective and efficient use of wind energy conversion systems (WECS) by regulating the siting, design, and installation of such systems to protect the public health, safety, and welfare. In no case shall this section guarantee the wind rights or establish access to the wind.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Anemometer means a temporary wind speed indicator constructed for the purpose of analyzing the potential for utilizing WECS at a given site. This includes the tower, base plate, anchors, cables and hardware, wind direction vanes, booms to hold equipment, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

Anti-climbing device means a piece or pieces of equipment which are either attached to the supporting structure of WECS, or which are freestanding and are designed to prevent people from climbing the structure. These devices may include, but are not limited to squirrel-cones (i.e., a plastic or metal disc cone around a pole which impedes climbing), the removal of climbing pegs on the pole, or other approved devices, but excluding the use of barbed or razor wire.

Decibel means a unit of measure used to express the magnitude of sound pressure and sound intensity. Decibels shall be measured on the dB(A) weighted scale as defined by the American National Standards Institute.

Decommissioning means the process of terminating operation and completely removing WECS and all related buildings, structures, foundations, and equipment.

Nacelle means the encasement which houses all of the generating components, gear box, drive tram, and other equipment in WECS.

Net-metering means a special metering and billing agreement between utility companies and their customers which facilitates the connection of renewable energy generating systems to the power grid.

Occupied building means a residence, school, hospital, church, public library, business, or any other building used for public gatherings.

Operator, WECS, means the entity responsible for the day-to-day operation and maintenance of WECS.

Owner, WECS, means the individual or entity, including their respective successors and assigns, with equity interest in or ownership of WECS.

Rotor diameter means the cross sectional dimension of the circle swept by the rotating blades of WECS.

Shadow flicker means the moving shadow created by the sun shining through the rotating blades of WECS. The amount of shadow flicker created by WECS is calculated by a computer model that takes into consideration turbine location, elevation, tree cover, location of all structures, wind activity, and sunlight.

Small structure-mounted wind energy conversion system (SSMWECS) means a system that converts wind energy into electricity through the use of equipment which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system. A SSMWECS is attached to a structure's roof, walls, or other elevated surface. The SSMWECS has a nameplate capacity that does not exceed 50 kilowatts. The total height does not exceed 15 feet as measured from the highest point of the roof, excluding chimneys, antennas, and other similar protuberances.

Small tower-mounted wind energy conversion system (STMWECS) means a system that converts wind energy into electricity through the use of equipment which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system. The STMWECS has a nameplate capacity that does not exceed 50 kilowatts. The total height does not exceed 60 feet.

Structure means a walled and roofed building that is principally above ground, including a gas or liquid storage facility, as well as a mobile home. As used with WECS, the term "structure" means any building or other fixture, such as a municipal water tower, that is a minimum of 12 feet high at the highest point of its roof and is secured to frost-footings or a concrete slab. As used in this section and other than with WECS, the term "structure" means anything erected on the ground, underground or attached to something having location on the ground or underground.

Total height means the vertical distance measured from the ground level at the base of the tower to the uppermost vertical extension of any blade, or the maximum height reached by any part of WECS.

Tower means a freestanding monopole that supports WECS.

Wind energy conversion system means any structure-mounted, small, medium, or large system that converts wind energy into any form of usable energy including electricity through the use of a wind generator and includes the nacelle, rotor, tower, and pad transformer, if any.

(c)

General provisions.

(1)

Purpose. The purpose of this section is to establish guidelines for siting WECS. The goals are as follows:

a.

To promote the safe, effective, and efficient use of WECS in order to reduce the consumption of fossil fuels in producing electricity.

b.

To preserve and protect public health, safety, welfare, and quality of life by minimizing the potential adverse impacts of WECS.

c.

To establish standards and procedures by which the siting, design, engineering, installation, operation, and maintenance of WECS shall be governed.

d.

Accessory uses. Private WECS projects shall be permitted as a special use and an accessory use to the permitted principal use.

(2)

Applicability.

a.

This section applies to all WECS proposed to be constructed after the effective date of the ordinance from which this section is derived.

b.

A SSMWECS and a STMWECS shall be considered special uses in all zoning districts and shall not be erected, constructed, installed, or modified as provided in this section unless appropriate permits have been issued to the WECS owner or WECS operator.

c.

All WECS constructed prior to the effective date of the ordinance from which this section is derived shall not be required to meet the requirements of this section; however, any physical modification to existing WECS that materially alters the size, type, equipment or location shall require a permit under this section, in compliance with the standards of this section.

(3)

Siting and design. All SSMWECS and STMWECS must be sited and designed in accordance with the following:

a.

Visual appearance.

1.

A SSMWECS or STMWECS, including accessory buildings and related structures, shall be a solid, non-reflective, non-obtrusive color (e.g., white, gray, black). The appearance of the turbine, tower, and any ancillary facility shall be maintained throughout the life of the SSMWECS or STMWECS.

2.

A SSMWECS or STMWECS shall not be artificially lighted, except to the extent required by the FAA or other applicable authority, or unless otherwise approved by the planning commission.

3.

A SSMWECS or STMWECS shall not be used for displaying any advertising (including flags, streamers, or decorative items), except for identification of the turbine manufacturer.

b.

Ground clearance. The lowest extension of any blade or other exposed moving component of a SSMWECS or STMWECS shall be at least 15 feet above the ground (at the highest point of the natural grade within 30 feet of the base of the tower) and, in addition, at least 15 feet above any outdoor surfaces intended for human use, such as decks, balconies or roof gardens, that are located directly below the SSMWECS or STMWECS.

c.

Noise. Noise emanating from the operation of a SSMWECS or STMWECS shall not exceed, at any time, the maximum possible sound levels of sound levels of 55 dB(A) daylight time or 50 dB(A) night time measured at the property line. The following octave band limits (unadjusted dB) shall apply as listed in table 3.C., measured at property line.

Table 3.C Octave Band Noise Limits
(Frequency at Center of Octave Band)

Center Octave Band	31.5 Hz	63 Hz	125 Hz	250 Hz	500 Hz
Day	72 dB	71 dB	65 dB	57 dB	51 dB
Night	67 dB	66 dB	60 dB	52 dB	46 dB

 

d.

Vibration. Vibrations shall not be produced which are humanly perceptible beyond the property on which a SSMWECS or STMWECS is located.

e.

Guy wires. Guy wires shall not be permitted as part of the SSMWECS or STMWECS.

f.

Height. The total height of a SSMWECS shall not exceed 15 feet as measured from the highest point of the roof, excluding chimneys, antennas, and other similar protuberances. The total height of a STMWECS shall not exceed 60 feet. See exceptions, subsection (3)l. of this section, quantity-height exceptions.

g.

Prevention of unauthorized access. Security measures must be in place to prevent unauthorized trespass and access. Each WECS shall be enclosed by security fencing not less six feet in height with locking portals. Appropriate anti-climbing devices shall be provided; however, the planning commission may waive such requirements.

h.

Shadow flicker. The WECS owner and/or operator shall conduct an analysis on potential shadow flicker at any occupied building with direct line-of-sight to the WECS and at the buildable area of any vacant adjacent lot with direct line-of-sight to the WECS that could accommodate an occupied building. The analysis shall identify the locations of shadow flicker that may be caused by the project and the expected durations of the shadow flicker at these locations from sunrise to sunset over the course of a year. The analysis shall identify situations where shadow flicker may affect the occupants of the buildings for more than 30 hours per year, and describes measures that shall be taken to eliminate or mitigate the problems. Shadow flicker on a building shall not exceed 30 hours per year.

i.

Setback.

1.

The setback for a SSMWECS shall be a minimum of 15 feet from the lot line, public or private street, or overhead utility lines. The setback shall be measured from the furthest outward extension of all moving parts.

2.

The setback from all property lines for a STMWECS shall be at least a distance equal to or greater than the total height of the STMWECS, as measured from the base of the tower to the highest reach of its blade, and must maintain the same or greater distance from public or private streets, public easements, or overhead public utility lines.

j.

Separation. If more than one SSMWECS is installed on a lot, a distance equal to the total height of the highest SSMWECS must be maintained between the bases of each SSMWECS.

k.

Location. The SSMWECS shall not be affixed to the wall on the side of a structure facing a public or private street. A STMWECS may be located in a rear yard of a lot that has an occupied building. A STMWECS may be located in a side yard or front yard of a lot that has an occupied building, provided that no part of the STMWECS protrudes past the front of the principle structure.

l.

Quantity-height exceptions. No more than three SSMWECS shall be installed on any lot of residentially zoned or used property. The planning commission may allow more SSMWECS on commercially or industrially zoned properties, if appropriate. No more than one STMWECS shall be installed on any residentially zoned or used property unless the lot or parcel is five acres or more in size. The planning commission may allow more STMWECS with a total height of 120 feet on any parcel or lot over five acres and any commercially or industrially zoned or used properties if appropriate. The planning commission shall consider the size of the lot, the use of the lot, the location of the proposed WECS, the use of and impact upon adjoining lots, and other relevant factors in determining if additional height or WECS are appropriate.

m.

Electrical system. All electrical controls, control wiring, grounding wires, power lines, and system components shall be placed underground within the boundary of each lot at a depth designed to accommodate the existing land use to the maximum extent practicable. Wires necessary to connect the WECS to the tower wiring are exempt from this requirement.

n.

Anemometers. If an anemometer is to be installed prior to, or in conjunction with a SSMWECS or STMWECS, it must be done so in accordance with the following provisions:

1.

The construction, installation, or modification of an anemometer tower shall require a special use permit and applicable building, electrical or mechanical permits and shall conform to all applicable city, county, state, and federal, applicable safety, construction, environmental, electrical, communications, and FAA requirements.

2.

An anemometer shall be subject to the minimum requirements for height, setback, separation, location, safety, and decommissioning of this section that correspond to the size of the SSMWECS or STMWECS that is proposed to be constructed on the site.

(4)

Special use application requirements. In addition to the standard information required for all special uses, an application for a SSMWECS or a STMWECS shall also include the following information/documentation:

a.

A site plan (drawn to scale) showing the proposed location of all components and ancillary equipment of the SSMWECS or STMWECS, lot lines, physical dimensions of the lot, existing buildings, setback lines, right-of-way lines, public easements, overhead utility lines, sidewalks, nonmotorized pathways, public and private streets, and contours. The site plan must also include adjoining lots as well as the location and use of all structures.

b.

The proposed number, type, and total height of a SSMWECS or STMWECS to be constructed, including the manufacturer and model, product specifications including maximum noise output (measured in decibels), total rated generating capacity, dimensions, rotor diameter, and a description of ancillary facilities.

c.

Documented compliance with the noise requirements set forth in this section.

d.

Documented compliance with applicable city, county, state and federal regulations, including, but not limited to, all applicable safety, construction, environmental, electrical, communications, and FAA requirements.

e.

Evidence that the utility company has been informed of the customer's intent to install an interconnected, customer-owned generator and that such connection has been approved. Off-grid systems shall be exempt from this requirement.

f.

For STMWECS applications, a description of the methods that will be used to perform maintenance on the STMWECS and the procedures for lowering or removing the STMWECS in order to conduct maintenance.

g.

Verification that the SSMWECS or STMWECS shall not interfere with communication systems such as, but not limited to, radio, telephone, television, satellite, or emergency communication systems.

h.

Other relevant information as may be reasonably requested by the city.

(5)

Safety requirements. All SSMWECS and STMWECS must be designed to meet the following safety requirements:

a.

If the SSMWECS or STMWECS is connected to a public utilities system for net-metering purposes, it shall meet the requirements for interconnection and operation as set forth in the public utility's then-current service regulations meeting federal, state, and industry standards applicable to wind power generation facilities, and the connection shall be inspected by the appropriate public utility.

b.

The SSMWECS or STMWECS shall be equipped with manual and automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower, rotor blades and other wind energy components unless the manufacturer certifies that a braking system is not necessary.

c.

A clearly visible warning sign regarding voltage shall be placed at the base of the SSMWECS or STMWECS.

d.

The structural integrity of the SSMWECS or STMWECS shall conform to the design standards of the International Electrotechnical Commission, specifically IEC 61400-1, "Wind Turbine Safety and Design" or IEC 61400-2, "Small Wind Turbine Safety," IEC 61400-22, "Wind Turbine Certification," and IEC 61400-23, "Blade Structural Testing," or any similar successor standards.

(6)

Decommissioning. Any SSMWECS or STMWECS that is to be decommissioned shall be done so in accordance with the following requirements:

a.

The WECS owners or operator shall complete decommissioning within 12 months after the end of the useful life. Upon request of the WECS owner or operator of the SSMWECS or STMWECS, and for a good cause, the city manager, or the city manager's designee, may grant a reasonable extension of time. The SSMWECS or STMWECS will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 12 months; the end of its useful life may also be established by other facts and circumstances determined by the city manager, or the city manager's designee. All decommissioning expenses are the responsibility of the WECS owner or operator.

b.

If the WECS owner or operator fails to complete decommissioning within the period prescribed above, the city council may designate a contractor to complete decommissioning with the expense thereof to be charged to the violator and/or to become a lien against the property. If the SSMWECS or STMWECS is not owned by the property owner, a bond, security deposit or bank letter of credit must be provided to the city for the cost of decommissioning each SSMWECS or STMWECS.

(7)

In addition to the decommissioning requirements listed previously, the STMWECS shall also be subject to the following:

a.

Decommissioning shall include the removal of each STMWECS, buildings, electrical components, and any other associated facilities. Any foundation shall be removed to a minimum depth of 60 inches below grade, or to the level of the bedrock if less than 60 inches below grade.

b.

The site and any disturbed earth shall be stabilized, graded, and cleared of any debris by the WECS owner or its assigns. If the site is not to be used for agricultural practices following removal, the site shall be seeded to prevent soil erosion.

(Code 1992, § 24-193; Ord. No. 328, 5-3-2010)

State law reference

Clean, renewable and efficient energy act, MCL 460.1001 et seq.; wind energy resource zone, MCL 460.1141 et seq.