Draft Date
07/29/09
ORDINANCE NO. 2009-09-05
ZONING TEXT AMENDMENT ORDINANCE
AN ORDINANCE TO AMEND CERTAIN PORTIONS OF THE ZONING ORDINANCE OF ROBINSON TOWNSHIP, OTTAWA COUNTY, MICHIGAN, BY STATING THE REQUIREMENTS FOR WIND ENERGY TURBINES AND BY PROVIDING FOR AN EFFECTIVE DATE.
ROBINSON TOWNSHIP, COUNTY OF OTTAWA, AND STATE OF MICHIGAN, ORDAINS:
Section 1. Anemometer: The definition of anemometer shall be inserted as Section 3.9A (the existing Section 3.9A shall be renumbered as Section 3.9B) of the Robinson Township Zoning Ordinance.
Section 3.9A ANEMOMETER.
A temporary wind speed indicator constructed for the purpose of analyzing the potential for utilizing a wind energy turbine 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.
Section 2. Anti-Climbing Device: The definition of anti-climbing device shall be inserted as Section 3.9C of the Robinson Township Zoning Ordinance.
Section 3.9C ANTI-CLIMBING DEVICE.
A piece or pieces of equipment which are either attached to the supporting structure of a wind energy turbine, or which are free-standing 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.
Section 3. Condominium Development: The definition of condominium development shall be inserted as Section 3.23A of the Robinson Township Zoning Ordinance.
Section 3.23A CONDOMINIUM DEVELOPMENT.
A development that is created under the Condominium Act, being Act 359 of Michigan Public Acts of 1978, as amended.
Section 4. Decibel: The definition of decibel shall be inserted as Section 3.25B of the Robinson Township Zoning Ordinance.
Section 3.25B DECIBEL.
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.
Section 5. Decommissioning: The definition of decommissioning shall be inserted as Section 3.25C of the Robinson Township Zoning Ordinance.
Section 3.25C DECOMMISSIONING.
The process of terminating operation and completely removing a wind energy turbine and all related buildings, structures, foundations, access roads, and equipment.
Section 6. General Common Element: The definition of general common element shall be inserted as Section 3.47A of the Robinson Township Zoning Ordinance.
Section 3.47A GENERAL COMMON ELEMENT.
An area designated for use by all owners within the condominium development.
Section 7. Medium Wind Energy Turbine: The definition of medium wind energy turbine shall be inserted as Section 3.77A of the Robinson Township Zoning Ordinance.
Section 3.77A MEDIUM WIND ENERGY TURBINE (MWET).
A tower-mounted wind energy 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 MWET has a nameplate capacity that does not exceed two hundred fifty (250) kilowatts. The total height does not exceed one hundred fifty (150) feet.
Section 8. Nacelle: The definition of nacelle shall be inserted as Section 3.81A of the Robinson Township Zoning Ordinance.
Section 3.81A NACELLE.
The encasement which houses all of the generating components, gear box, drive tram, and other equipment in a wind energy turbine.
Section 9. Net-Metering: The definition of net-metering shall be inserted as Section 3.81B of the Robinson Township Zoning Ordinance.
Section 3.81B NET-METERING.
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.
Section 10. Occupied Building: The definition of occupied building shall be inserted as Section 3.84A of the Robinson Township Zoning Ordinance.
Section 3.84A OCCUPIED BUILDING.
A residence, school, hospital, church, public library, business, or any other building used for public gatherings.
Section 11. Operator, WET: The definition of operator, wind energy turbine, shall be inserted as Section 3.86A of the Robinson Township Zoning Ordinance.
Section 3.86A OPERATOR, WET.
The entity responsible for the day-to-day operation and maintenance of a wind energy turbine.
Section 12. Owner, WET: The definition of owner, wind energy turbine, shall be inserted as Section 3.86B of the Robinson Township Zoning Ordinance.
Section 3.86B OWNER, WET.
The individual or entity, including any respective successors and assigns, with equity interest in or ownership of a wind energy turbine.
Section 13. Rotor Diameter: The definition of rotor diameter shall be inserted as Section 3.97A of the Robinson Township Zoning Ordinance.
Section 3.97A ROTOR DIAMETER.
The cross-sectional dimension of the circle swept by the rotating blades of a wind energy turbine.
Section 14. Shadow Flicker: The definition of shadow flicker shall be inserted as Section 3.97B of the Robinson Township Zoning Ordinance.
Section 3.97B SHADOW FLICKER.
The moving shadow, created by the sun shining through the rotating blades of a wind energy turbine. The amount of shadow flicker created by a wind energy turbine is calculated by a computer model that takes into consideration turbine location, elevation, tree cover, location of all structures, wind activity, and sunlight.
Section 15. Small Structure-Mounted Wind Energy Turbine: The definition of small structure-mounted wind energy turbine shall be inserted as Section 3.99A of the Robinson Township Zoning Ordinance.
Section 3.99A SMALL STRUCTURE-MOUNTED WIND ENERGY TURBINE (SSMWET).
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 SSMWET is attached to a structure's roof, walls, or other elevated surface. The SSMWET has a nameplate capacity that does not exceed ten (10) kilowatts. The total height does not exceed fifteen (15) feet as measured from the highest point of the roof, excluding chimneys, antennae, and other similar protuberances.
Section 16. Small Tower-Mounted Wind Energy Turbine: The definition of small tower-mounted wind energy turbine shall be inserted as Section 3.99B of the Robinson Township Zoning Ordinance.
Section 3.99B SMALL TOWER-MOUNTED WIND ENERGY TURBINE (STMWET).
A tower-mounted wind energy 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 STMWET has a nameplate capacity that does not exceed thirty (30) kilowatts. The total height does not exceed one hundred twenty (120) feet.
Section 17. Structure: The definition of structure in Section 3.103 of the Robinson Township Zoning Ordinance is restated as follows.
Section 3.103 STRUCTURE.
As used with wind energy turbines, structure means any building or other fixture, such as a municipal watertower, that is a minimum of twelve (12) feet high at the highest point and is secured to frost-footings or a concrete slab. As used in this Ordinance other than with wind energy turbines, structure means any constructed, erected or placed material or combination of materials in or upon the ground, including by way of example but not limitation buildings, mobile homes, modular homes, pre-manufactured homes, towers, sheds, signs and storage bins, but excluding sidewalks and paving on streets, driveways, parking areas and patios.
Section 18. Total Height: The definition of total height shall be inserted as Section 3.105A of the Robinson Township Zoning Ordinance.
Section 3.105A TOTAL HEIGHT.
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 a wind energy turbine.
Section 19. Tower: The definition of tower shall be inserted as Section 3.105B of the Robinson Township Zoning Ordinance.
Section 3.105B TOWER.
A freestanding monopole that supports a wind energy turbine.
Section 20. Wind Energy Turbine: The definition of wind energy turbine shall be inserted as Section 3.109A of the Robinson Township Zoning Ordinance.
Section 3.109A WIND ENERGY TURBINE (WET).
Any wind energy conversion system that converts wind energy into electricity through the use of a wind generator and includes the nacelle, rotor, tower, and pad transformer, if any.
Section 21. Districts Where Small Tower-Mounted Wind Energy Turbines (STMWETs) and Small Structure-Mounted Wind Energy Turbines (SSMWETs) Are Allowed. Section 6.2(O) for the A-1 Agricultural Zoning District; Section 7.3(I) for the A-2 Agricultural Service Zoning District; Section 8.2(M) for the RR Rural Residential Zoning District; Section 9.2(E) for the E-1 Lowland Resource Conservation Zoning District; Section 10.2(F) for the R-1 Residential, One-Family Zoning District; Section 11A.2(E) for the R-3 Mobile Home Park Zoning District; Section 12.2(H) for the B-1 Neighborhood Commercial Zoning District; Section 13.2(Z) for the B-2 General Business Zoning District; and Section 14.2(L) for the I-1 Industrial Zoning District concerning allowing STMWETs and SSMWETs as permitted uses in those respective zoning districts, shall be added to state in their entirety as follows.
Small tower-mounted wind energy turbines and small structure-mounted wind energy turbines.
Section 22. Districts Where Medium Wind Energy Turbines (MWETs) Are Allowed. Section 6.3(E) for the A-1 Agricultural Zoning District; Section 7.3(I) for the A-2 Agricultural Service Zoning District; and Section 15.3(F) for the I-2 Industrial Zoning District, concerning allowing MWETs as Special Land Uses in those respective zoning districts, shall be added to state in their entirety as follows.
Medium wind energy turbines.
Section 23. I-1 Zoning District Where Medium Wind Energy Turbines (MWETs) Are Allowed. Section 14.3 for the I-1 Industrial Zoning District shall be expanded by the addition of the following language to allow MWETs as a Special Land Use.
. . . and medium wind energy turbines.
Section 24. Uses in Planned Unit Developments. Sections 20.2(A)(
, 20.2(C)(3), and 20.2(D)(3) for uses permitted in planned unit developments, concerning allowing STMWETs and SSMWETs, shall be added to state in their entirety as follows.
Small tower-mounted wind energy turbines and small structure-mounted wind energy turbines.
Section 25. Wind Energy Turbines (WETs) - General Provisions. Section 4.51 of the Zoning Ordinance, concerning the general provisions related to WETs, shall be added in its entirety as follows.
Section 4.51 WIND ENERGY TURBINES (WETs).
(A) Purpose: The purpose of this Section is to establish guidelines for siting wind energy turbines (WETs). The goals are as follows:
(1) To promote the safe, effective, and efficient use of a WET in order to reduce the consumption of fossil fuels in producing electricity;
(2) To preserve and protect public health, safety, welfare, and quality of life by minimizing the potential adverse impacts of a WET; and
(3) To establish standards and procedures by which the siting, design, engineering, installation, operation, and maintenance of a WET shall be governed.
(B) Applicability: This Section shall apply to the following:
(1) This Section applies to all WETs proposed to be constructed after the effective date of this Section.
(2) A small structure-mounted wind energy turbine (SSMWET) and a small tower-mounted wind energy turbine (STMWET) shall be considered a permitted use in all zoning districts and shall not be erected, constructed, installed, or modified as provided in this Ordinance unless appropriate Township permits have been issued to the WET owner(s) or operator(s).
(3) All WETs constructed prior to the effective date of this Section shall not be required to meet the requirements of this Section; however, any physical modification to an existing WET that materially alters the size, type, equipment or location shall require a permit under this Ordinance, in compliance with the standards of this Section.
(C) Siting and Design: All SSMWETs and STMWETs must be sited and designed in accordance with the following:
(1) Visual Appearance:
(a) A SSMWET or STMWET, 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 SSMWET or STMWET.
(b) A SSMWET or STMWET shall not be artificially lighted, except to the extent required by the FAA or other applicable authority, or otherwise necessary for reasonable safety and security.
(c) A SSMWET or STMWET shall not be used for displaying any advertising (including flags, streamers, or decorative items), except for identification of the turbine manufacturer.
(2) Ground Clearance: The lowest extension of any blade or other exposed moving component of a SSMWET or STMWET shall be at least fifteen (15) feet above the ground (at the highest point of the natural grade within thirty [30] feet of the base of the tower) and, in addition, at least fifteen (15) feet above any outdoor surfaces intended for human use, such as decks, balconies or roof gardens, that are located directly below the SSMWET or STMWET.
(3) Noise: Noise emanating from the operation of a SSMWET or STMWET shall not exceed, at any time, the maximum permissible sound levels outlined in Section 4.30 of this Ordinance.
(4) Vibration: Vibrations shall not be produced which are humanly perceptible beyond the property on which a SSMWET or STMWET is located.
(5) Guy Wires: Guy wires shall not be permitted as part of the SSMWET or STMWET.
(6) Height: The total height of a SSMWET shall not exceed fifteen (15) feet as measured from the highest point of the roof, excluding chimneys, antennae, and other similar protuberances. The total height of a STMWET shall not exceed one hundred twenty (120) feet.
(7) Setback: The setback for a SSMWET shall be the minimum required by the applicable zoning district, but not less than fifteen (15) feet from the lot line, street or private road, or overhead utility lines. The setback shall be measured from the furthest outward extension of all moving parts.
The setback for a STMWET shall be at least one hundred fifty (150) feet from any front lot line, and shall be setback a distance equal to or greater than the total height of the STMWET, as measured from the base of the tower, from all other lot lines, streets or private roads, public casements, or overhead public utility lines
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Separation: If more than one (1) SSMWET is installed on a lot, a distance equal to the total height of the highest SSMWET must be maintained between the base of each SSMWET.
(9) Location: The SSMWET shall not be affixed to the wall on the side of a structure facing a street or private road. A STMWET may only be located in a rear yard of a lot that has an occupied building. A STMWET may be located in a side yard or front yard of a lot has an occupied building, provided that it is set back at least one hundred fifty (150) feet from the front lot line, as measured from the base of the tower.
(10) Quantity: No more than three (3) SSMWETs shall be installed on any lot of residentially zoned or used property. The Township Board may allow more SSMWETs on agriculturally, commercially or industrially zoned properties if appropriate. No more than one (1) STMWET shall be installed on any residentially zoned or used property. The Township Board may allow more STMWETs on agriculturally, commercially or industrially zoned or used properties if appropriate. The Township Board shall consider the size of the lot, the use of the lot, the location of the proposed WETS, the use of and impact upon adjoining lots, and other relevant factors in determining if additional WETs are appropriate. No more than three (3) SSMWETs, or one (1) STMWET shall be allowed on any single lot of residentially zoned or used property, unless specifically approved by the Township Board.
(11) 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 WET to the tower wiring are exempt from this requirement.
(12) Anemometers: If an anemometer is to be installed prior to, or in conjunction with a SSMWET or STMWET, it must be done so in accordance with the following provisions:
(a) The construction, installation, or modification of an anemometer tower shall require a zoning permit and applicable building, electrical or mechanical permits and shall conform to all applicable local, state, and federal applicable safety, construction, environmental, electrical, communications, and FAA requirements.
(b) An anemometer shall be subject to the minimum requirements for height, setback, separation, location, safety, and decommissioning of this Ordinance that correspond to the size of the SSMWET or STMWET that is proposed to be constructed on the site.
(D) Application requirements: In addition to the standard information required on a zoning permit application form, applications for SSMWETs and STMWETs shall also include the following information/ documentation:
(1) A site plan (drawn to scale) showing the proposed location of all components and ancillary equipment of the SSMWET(s) or STMWET(s), lot lines, physical dimensions of the lot, existing building(s), setback lines, right-of-way lines, public easements, overhead utility lines, sidewalks, non-motorized pathways, streets and private roads, and contours. The site plan must also include adjoining lots as well as the location and use of all structures.
(2) The proposed number, type, and total height of SSMWET(s) or STMWET(s) 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.
(3) Documented compliance with the noise requirements set forth in this Ordinance.
(4) Documented compliance with applicable Township, county, state and federal regulations including, but not limited to, all applicable safety, construction, environmental, electrical, communications, and FAA requirements.
(5) 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.
(6) For STMWET applications, a description of the methods that will be used to perform maintenance on the STMWET and the procedures for lowering or removing the STMWET in order to conduct maintenance.
(7) Verification that the SSMWET or STMWET shall not interfere with communication systems such as, but not limited to, radio, telephone, television, satellite, or emergency communication systems.
(
Other relevant information as may be reasonably requested by the Township.
(E) Safety Requirements: All SSMWETs and STMWETs must be designed to meet the following safety requirements:
(1) If the SSMWET or STMWET is connected to a public utility 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.
(2) The SSMWET or STMWET shall be equipped with an automatic braking, governing or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower, rotor blades and other wind energy components unless the manufacturer certifies that a braking system is not necessary.
(3) A clearly visible warning sign regarding voltage shall be placed at the base of the SSMWET or STMWET.
(4) The structural integrity of the SSMWET or STMWET shall conform to the design standards of the International Electrical 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.
(F) Decommissioning: Any SSMWET or STMWET that is to be decommissioned shall be done so in accordance with the following requirements:
(1) The WET owner(s) or operator(s) shall complete decommissioning within six (6) months after the end of the useful life. Upon request of the WET owner(s) or WET operator(s) of the SSMWET or STMWET, and for a good cause, the Township Supervisor, or the Township Supervisor's designee, may grant a reasonable extension of time. The SSMWET or STMWET will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of six (6) months. All decommissioning expenses are the responsibility of the WET owner(s) or operator(s).
(2) If the WET owner(s) or operator(s) fails to complete decommissioning within the period prescribed above, the Township Board 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 lot. If the SSMWET or STMWET is not owned by the lot owner(s), a bond, security deposit or bank letter of credit must be provided to the Township for the cost of decommissioning each SSMWET or STMWET.
(3) In addition to the decommissioning requirements listed previously, the STMWET shall also be subject to the following:
(a) Decommissioning shall include the removal of each STMWET, buildings, electrical components, and any other associated facilities. Any foundation shall be removed to a minimum depth of sixty (60) inches below grade, or to the level of the bedrock if less than sixty (60) inches below grade.
(b) The site and any disturbed earth shall be stabilized, graded, and cleared of any debris by the WET owner(s) 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.
Section 26. Medium Wind Energy Turbines (MWETs) - Special Land Uses. Section 4.52 of the Zoning Ordinance, concerning Special Land Use standards for Medium Wind Energy Turbines, shall be added in its entirety as follows.
Section 4.52 MEDIUM WIND ENERGY TURBINEs (MWETS).
(A) In addition to the materials required for all special use permits, applications for MWETs shall include the following information/documentation.
(1) General Information: In addition to the detailed information required on the site plan, the following general information shall be included in the application materials:
(a) The contact information for the WET owner(s) and WET operator(s) of the MWET as well as contact information for all lot owners on which the MWET is located.
(b) A copy of the lease, or recorded document, with the landowner(s) if the applicant does not own the land for the proposed MWET. A statement from the landowner(s) of the leased site that the landowner(s) will abide by all applicable terms and conditions of the use permit, if approved.
(c) In the case of a condominium development, a copy of the condominium development's master deed and bylaws addressing the legal arrangement for the MWET.
(d) The proposed number, representative types and height of each MWET to be constructed; including the manufacturer and model, product specifications including maximum noise output (measured in decibels), total rated capacity, rotor diameter, and a description of ancillary facilities.
(e) Documents shall be submitted by the developer/manufacturer confirming specifications for MWET tower separation.
(f) Engineering data concerning construction of the MWET and its base or foundation, which may include, but not be limited to, soil boring data.
(g) Anticipated construction schedule.
(h) A copy of the maintenance and operation plan, including anticipated regular and unscheduled maintenance. Additionally, a description of the procedures that will be used for lowering or removing the MWET to conduct maintenance, if applicable.
(i) Documented compliance with applicable local, state and national regulations including, but not limited to, all applicable safety, construction, environmental, electrical, and communications. The MWET shall comply with Federal Aviation Administration (FAA) requirements, Michigan Airport Zoning Act, Michigan Tall Structures Act, and any applicable airport overlay zone regulations.
(j) 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.
(k) Following the completion of construction, the applicant shall certify that all construction is completed pursuant to the special use permit.
(l) A written description of the anticipated life of each MWET; the estimated cost of decommissioning; the method of ensuring that funds will be available for decommissioning and site restoration; and removal and restoration procedures and schedules that will be employed if the MWET(s) become inoperative or non-functional.
(m) The applicant shall submit a decommissioning plan that will be carried out at the end of the MWET's useful life, and shall describe any agreement with the landowner(s) regarding equipment removal upon termination of the lease.
(n) The Township reserves the right to review all maintenance plans and bonds under this Ordinance to ensure that all conditions of the permit arc being followed.
(o) The Township must be notified of a change in ownership of an MWET or a change in ownership of the lot on which the MWET is located.
(p) The Township reserves the right to inspect any MWET in order to ensure compliance with the Ordinance. Any cost associated with the inspections shall be paid by the WET owner/operator.
(2) Vibration: Verification that the MWET will not produce vibrations humanly perceptible beyond the lot on which it is located.
(3) Shadow Flicker: The WET owner(s) and/or operator(s) shall conduct an analysis on potential shadow flicker at any occupied building with direct line-of-sight to the MWET and at the buildable area of any vacant adjacent lot with direct line-of-sight to the MWET 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 sun-rise to sun-set over the course of a year. The analysis shall identify situations where shadow flicker may affect the occupants of the buildings for more than thirty (30) hours per year, and describe measures that shall be taken to eliminate or mitigate the problems. Shadow flicker on a building shall not exceed thirty (30) hours per year.
(4) Guy Wires: Guy wires shall not be permitted as part of the MWET.
(5) Noise: Verification that the noise emanating from the operation of an MWET will not exceed, at any time, the maximum permissible sound levels outlined in Section 4.30 of this Ordinance.
(6) Electrical System: All electrical controls, control wiring, grounding wires, power lines, and all other electrical system components of the MWET shall be buried underground at a depth in accordance with the applicable electrical code. Wires necessary to connect the WET to the tower wiring are exempt from this requirement.
(7) Signal Interference: Verification that the MWET will not interfere with communication systems such as, but not limited to, radio, telephone, television, satellite, or emergency communication systems.
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Anemometers: If an anemometer is installed prior to, or in conjunction with an MWET, it must be done so in accordance with the following provisions:
(a) The construction, installation, or modification of an anemometer tower shall require a zoning permit and applicable building, electrical or mechanical permits and shall conform to all applicable local, state, and federal applicable safety, construction, environmental, electrical, communications, and FAA requirements.
(b) An anemometer shall be subject to the minimum requirements for height, setback, separation, location, safety, and decommissioning of this Ordinance that correspond to the size of the MWET that is proposed to be constructed on the site.
(9) Other Information: Additional details and information as required by the special use requirements of the Ordinance, or as requested by the Planning Commission or the Township Board.
(B) All MWETs must be sited and designed in accordance with the following.
(1) Design: The design of an MWET shall conform to all applicable industry standards, specifically including without limit the design standards set forth in subsection (C)(6) below.
(2) Visual Appearance:
(a) Each MWET, including accessory buildings and other related structures shall be a non-reflective, non-obtrusive color (e.g. white, gray, black). The appearance of turbines, towers and buildings shall be maintained throughout the life of the MWET.
(b) No MWET may be artificially lighted, except to the extent required by the FAA or other applicable authority, or unless otherwise approved by the Township Board.
(3) Use for Display Purposes: No MWET shall be used for displaying any advertising (including flags, streamers, or decorative items), except for reasonable identification of the turbine manufacturer or WET operator(s).
(4) Location: If an MWET is located on a lot with an occupied building, it shall only be located in the rear yard in accordance with this subsection. However, an MWET may be located in a side yard or front yard of a lot that has an occupied building only if it is set back at least one hundred fifty (150) feet from the front lot line, as measured from the base of the tower. The MWET shall only be located in a general common element in a condominium development, or open space in a planned unit development.
(5) Setback and Separation:
(a) Occupied Building Setback: The setback from all occupied buildings on the applicant's lot shall be a minimum of the total height of the MWET.
(b) Property Line Setbacks: With the exception of the locations of streets or private roads (see below), drain rights-of-way and parcels with occupied buildings (see above), the internal lot line setbacks shall be equal to the total height of the MWET as measured from the base of the tower.
(c) Street or Private Road Setbacks: Each MWET shall be set back from the nearest street or private road a distance equal to the total height of the MWET.
(d) Communication and Electrical Lines: Each MWET shall be set back from the nearest above-ground public electric power line or telephone line a distance equal to the total height of the MWET, as measured from the base of the tower, determined from the existing power line or telephone line.
(e) Tower Separation: MWET tower separation shall be based on industry standard and manufacturer recommendation.
(6) Height: The total height of an MWET shall not exceed one hundred fifty (150) feet.
(7) Ground Clearance: The lowest extension of any blade or other exposed moving component of an MWET shall be at least fifteen (15) feet above the ground (at the highest point of the grade level within fifty [50] feet of the base of the tower) and, in addition, at least fifteen (15) feet above any outdoor surfaces intended for human occupancy, such as decks, balconies or roof gardens, that are located directly below the MWET.
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Quantity: No more than one (1) MWET shall be installed for every two and one-half (2.5) acres of land included in the lot. The Township Board may allow more MWETS in a condominium development or planned unit development if appropriate. The Township Board shall consider the size of the lot, the size of the condominium development or planned unit development, the use of the lot, the location of the proposed MWETS, the use of and impact upon adjoining lots, and other relevant factors in determining if additional WETs are appropriate.
(C) All MWETs must be designed to meet the following safety requirements:
(1) Net-Metering: If the MWET is connected to a public utility 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 applicable to wind power generation facilities, and the connection shall be inspected by the appropriate public utility.
(2) Automatic Braking System: The MWET shall be equipped with an automatic braking or governing system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower, rotor blades and other wind energy components unless the manufacturer certifies that a braking system is not necessary.
(3) Prevention of Unauthorized Access: Security measures must be in place to prevent unauthorized trespass and access. Each MWET shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the Township Board may waive such requirements, as it deems appropriate. All access doors to MWETs and electrical equipment shall be locked as appropriate, to prevent entry by non-authorized persons.
(4) Removal of Hazardous Materials: All spent lubricants, cooling fluids, and any other hazardous materials shall be properly and safely removed in a timely manner.
(5) Signage: Each MWET shall have one (1) sign, not to exceed two (2) square feet in area, posted at the base of the tower and on the security fence if applicable. The sign shall contain at least the following:
(a) Warning High Voltage;
(b) Manufacturer's and WET owner/operator's name;
(c) Emergency contact numbers (list more than one [1] number).
(6) Structural Integrity: The structural integrity of the MWET shall conform to the design standards of the International Electrical Commission, specifically IEC 61400-1, "Wind Turbine Safety and Design," IEC 61400-22, "Wind Turbine Certification,'" and IEC 61400-23, "Blade Structural Testing," or any similar successor standards.
(D) Any MWET that is to be decommissioned shall be done so in accordance with the following requirements:
(1) Any WET owner(s) or operator(s) shall complete decommissioning within six (6) months after the end of the useful life. Upon request of the WET owner(s) or operator(s), and for a good cause, the Township Supervisor, or the Township Supervisor's designee, may grant a reasonable extension of time. Each MWET will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of six (6) months; the end of its useful life may also be established by other facts and circumstances determined by the Township Supervisor or the Township Supervisor's designee. All decommissioning expenses are the responsibility of the WET owner(s) or operator(s).
(2) Decommissioning shall include the removal of each MWET, buildings, electrical components, and private roads to a depth of sixty (60) inches, as well as any other associated facilities. Any foundation shall be removed to a minimum depth of sixty (60) inches below grade, or to the level of the bedrock if less than sixty (60) inches below grade. Following removal, the location of any remaining WET foundation shall be identified on a map as such and recorded with the deed to the lot with the County Register of Deeds.
(3) All private roads of access to the MWET shall be removed, cleared, and graded by the WET owner(s), unless the property owner(s) requests, in writing, a desire to maintain the private road.
(4) The site and any disturbed earth shall be stabilized, graded, and cleared of any debris by the WET owner(s) or the assigns of the WET owner(s). If the site is not to be used for agricultural practices following removal, the site shall be seeded to prevent soil erosion.
(5) If the WET owner(s) or operator(s) fails to complete decommissioning within the period prescribed above, the Township 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 lot. If the MWET is not owned by the lot owner(s), a bond, security deposit, or bank letter of credit must be provided to the Township for the cost of decommissioning each MWET.
Section 27. Effective Date. This amendment to the Robinson Township Zoning Ordinance was approved and adopted by the Township Board of Robinson Township, Ottawa County, Michigan on September 21, 2009, after a public hearing as required pursuant to Michigan Act 110 of 2006, as amended. This Ordinance shall be effective on October 8, 2009, which date is the eighth day after publication of a Notice of Adoption and Posting of the Zoning Text Amendment Ordinance in the Grand Haven Tribune, as required by Section 401 of Act 110, as amended. However, this effective date shall be extended as necessary to comply with the requirements of Section 402 of Act 110, as amended.
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Tracy Mulligan, Jackie Frye,
Township Supervisor Township Clerk
RB090950
CERTIFICATE
I, Jackie Frye, the Clerk for the Township of Robinson, Ottawa County, Michigan, certify that the foregoing Robinson Township Zoning Text Amendment Ordinance was adopted at a regular meeting of the Township Board held on September 21, 2009. The following members of the Township Board were present at that meeting: Tracy Mulligan, Jackie Frye, Bonnie Hayward, Bernice Berens and John Kuyers. The following members of the Township Board were absent: None. The Ordinance was adopted by the Township Board with members of the Board Mulligan, Frye, Hayward, Berens and Kuyers voting in favor and members of the Board nonevoting in opposition. Notice of Adoption of the Ordinance was published in the Grand Haven Tribune on September 30, 2009.
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Jackie Frye
Township Clerk
RB0909
