76-531. Wind energy conversion systems/windmills., Article XIII. Planned Unit Development (PUD) and Special Land Use Approval, Chapter 76. Zoning, Code of Ordinances, Code of Ordinances, Chesterfield

(a)

Purpose. The purpose of the ordinance from which this section is derived is to allow for wind energy facilities in the township, while controlling the structural integrity and safety of these devices and, at the same time, to attempt to minimize negative impacts associated with the appearance, aesthetics, and shadow flicker of such facilities as well as the noise that is created from them, while promoting the health, safety and welfare of the township residents and trying to minimize any negative effect that such facilities may have on surrounding properties.

(b)

Intent.

(1)

This section applies to an electrical generating facility, based upon a wind turbine, whose main purpose is to supply electricity to the property where the wind energy facility is located and to sell any excess electricity from that wind energy facility to utility companies for electrical use elsewhere.

(2)

This section applies to wind energy facilities that consist of a single system designed to supplement other electricity sources as an accessory use to existing buildings or facilities wherein the power generated is used primarily for on-site consumption, consisting of a single wind turbine that has a rated capacity of not more than 30 kW. This section does not apply to any wind energy conversion systems consisting of more than one wind turbine whose primary purpose is to generate and sell electricity that will not be used on the subject property.

(3)

This section does not apply to agricultural windmills whose primary purpose is to use rotating wind blades to turn mechanical energy to do physical work, such as pumping water.

(4)

The temporary use of an anemometer for three months or less for wind testing shall be exempt from the requirements of this section. Any proposed anemometer that occupies a site for greater than three months shall not be considered exempt and shall be subject to all requirements of this section.

(5)

A wind energy facility may only be constructed in the township upon approval by the planning commission as a special land use. Such special land use permit, if granted, shall be for a period of one year only at which time the applicant/user must reappear before the planning commission and show cause as to why the special land use permit should be extended.

(c)

Definitions.

HEIGHT (as applied to WECS): The height is the distance measured from grade to the highest point of the wind rotor or tip of the turbine blade when it reaches its highest elevation.

SURVIVAL WIND SPEED: The maximum wind speed a WECS in automatic, unattended operation (not necessarily producing power) can sustain without damage to structural components or loss of the ability to function normally.

WIND ENERGY CONVERSION SYSTEMS (hereinafter referred to as WECS): Any device that converts wind energy to mechanical or electrical energy.

WIND ROTOR: The blades plus hub to which the blades are attached used to capture wind for purposes of energy conversion.

WIND TURBINE: A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator that may include a rotor, tower, and pad transformer.

(d)

Application requirements. The application shall demonstrate that the proposed wind energy facility will comply with this section and shall contain at a minimum the following:

(1)

A narrative describing the proposed wind energy facility, including an overview of the project;

(2)

Engineering drawings depicting the elevation view of the actual wind energy facility that is proposed;

(3)

The approximate generating capacity of the wind energy facility; including a copy of the site assessment study to determine wind speeds and site feasibility.

(4)

A site plan, with legal property description, showing the proposed location of the wind energy facility, property lines, setback lines, access drives and turnout locations, substation(s), electrical cabling from the wind energy facility to the substation(s), ancillary equipment, buildings, and structures including permanent meteorological towers, location of transmission lines, topography, waterways, wetlands, proposed grading, and location of all structures and properties within the geographical boundaries of any applicable set back (provide dimensions for all).

(5)

Evidence of compliance with applicable Federal Aviation Administration Regulations, Michigan Airport Zoning Act, and Michigan Tall Structures Act.

(6)

Signed and approved copies of any negotiated power purchase agreement and the utility company's approved schematics;

(7)

Decommissioning plans that describe the anticipated life of the wind power project, the estimated decommissioning costs in current dollars, the method for insuring that funds will be available for decommissioning and restoration, and the anticipated manner in which the wind power project will be decommissioned and the site restored;

(8)

Other relevant studies, reports, certifications, and approvals as may be reasonably requested by the township to insure compliance with this section;

(9)

Signature and identification of the property owners and the facility owner/operator of the wind energy facility.

(10)

Environmental impact and wildlife impact analysis report by a professional engineer.

(11)

Provide a complaint resolution process for addressing excessive noise, shadow flicker, or any other nuisance associated with the operation of the WECS.

(12)

The planning commission may waive any of the submission requirements based on the necessity for the information in relation to the installation type.

(e)

Applicable zoning districts. WECS may be permitted in any zoning district subject to special land use approval requirements and all applicable laws and ordinances of the township, the state and the federal government.

(f)

Standards for and regulation of WECS. In addition to the requirements of the application for special land use in the township, the application for a wind energy facility special land use shall also contain the following:

(1)

Construction. Tower construction shall be in accordance with the latest edition of the Michigan Building Code, Fire Code, Electric Code and any future amendments thereof.

(2)

Electric-magnetic interference (EMI). Wind energy conversion system generators and alternators shall be filtered and/or shielded so as to prevent the emission of radio frequency energy which would cause harmful interference with radio and/or television broadcasting or reception, and shall comply with the provisions of Title 47, Chapter 1, Part 15 of the Federal Code of Regulations and subsequent revisions governing said emissions.

(3)

Setbacks.

The wind energy tower and rotor must be set back from all property lines a distance equal to one and one-half linear feet for every foot of height. However, the planning commission may require additional setbacks to reduce noise and shadow flicker impact to any surrounding properties.

No tower shall be located within the front yard, unless it is set back a minimum of 660 feet of the front lot line.

The WECS shall be located a sufficient distance from any overhead utility lines, excluding service drops, such that a structural failure of any portion of the WECS or its supporting structure will not cause any portion of it to fall within 10 feet of utility lines.

(4)

Maximum height. The maximum height of a wind energy conversion system facility shall not exceed 20% of the lot width. In no case shall the height of any WECS exceed 50 feet. Roof mount structures shall not project higher than 10 feet above the highest point of the roof and shall be a vertical axis WECS only.

(5)

Minimum blade height. The minimum distance between the ground and any protruding blades utilized on a WECS shall be 15 feet, as measured at the lowest point of the arc of the blades.

(6)

Installation and design.

The installation and design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute, and any applicable building codes.

All electrical and mechanical components of the wind energy facility shall conform to relevant and applicable local, state and national codes.

No wind energy facility shall be used or operated until such time as it has received final approval from the township building department.

The structural integrity of the foundation, tower, and turbine itself must be certified by a licensed structural engineer, registered in the state, and further that the structural design complies with all of the standards set forth for safety and stability in all applicable codes then in effect in the state and all sections herein.

Any on-site transmission or power lines associated with the WECS shall, to the maximum extent possible, be placed underground.

Guy wires shall not be permitted as part of any proposed WECS, excepting roof-mounted applications.

Any mechanical equipment associated with and necessary for operation, including a building for batteries and storage cells shall be enclosed with a six-foot high decorative fence (aluminum simulated wrought-iron design). The supporting tower shall also be enclosed with the same fence as above unless the base of the tower is not climbable for a distance of 12 feet.

When a building is necessary for storage of cells or related mechanical equipment, the building may not exceed 140 square feet in area nor 12 feet in height, and must be located at least the number of feet equal to the height of the tower from any property line. When a building is necessary for storage of cells or related mechanical equipment, the building may not exceed 140 square feet in area nor eight feet in height, and must be located at least the number of feet equal to the height of the tower from any property line.

(7)

Labeling requirements. A minimum of one sign shall be posted near ground level on the tower structure warning of high voltage. In addition, the following information shall be posted on a label or labels on the generator or alternator of the WECS.

The maximum power output of the system and the wind speed at which it is achieved.

Nominal voltage and maximum current.

Manufacturer's name and address, serial number and model number.

Maximum survival wind speed and the emergency and normal shut down procedures.

(8)

Utility company notification. The Detroit Edison Company shall be notified in writing of any proposed interface with that company's grid prior to installing such interface and shall conform to any legislated requirements governing installations of WECS so as to comply with the utility tariff specifications.

(9)

Safety.

The WECS' manufacturers shall document that the WECS model has been tested and certified by Underwriter's Laboratory, or other such applicable independent accrediting agency, and that when installed in accordance with recommended specifications shall have a maximum survival wind speed of not less than 80 miles per hour.

The WECS shall be kept in good repair and sound condition.

An automatic braking/governing system shall be installed to control rotor speed.

(10)

Noise. Noise generated by the WECS shall not exceed the township noise ordinance maximum decibel level of 65 dbA at the closest property line. Provide a copy of the modeling and analysis report. Submit a sound analysis report by a 3rd party after 90 days of operation to the township.

(11)

Appearance.

All WECS shall maintain a galvanized finish or be of a non-obtrusive color such as white, off-white, light gray;

WECS shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

WECS shall not display advertising, including the identification of the turbine manager, facility owner, or operator.

(12)

Shadow flicker. The WECS shall be designed in such a manner as to minimize shadow flicker on a roadway and any existing structure. The planning commission shall require the applicant to conduct an analysis of potential shadow flicker at occupied structures if it deems such an analysis necessary. The analysis shall identify the locations of shadow flicker that may be caused by the project and the expected durations of the flicker at these locations from sunrise to sunset over the course of a year. The analysis shall identify problem areas where shadow flicker may affect the occupants of the structures and describe measures that shall be taken to eliminate or mitigate the problems.

If necessary to prevent shadow flicker from crossing occupied structures, the wind turbine generator may be programmed to stop rotating during times when the wind turbine generator shadow crosses these structures.

(g)

Decommissioning.

(1)

The wind energy facility owner and/or operator and/or property owner shall have three months to complete decommissioning of the facility if no electricity is generated for a continuous period of 12 months.

(2)

Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads and other associated features. The site shall be restored to pre-construction conditions.