The following regulations and conditions, which are applicable to all districts to provide for safe, effective and efficient regulation of wind energy conversion systems (WECS), shall apply, whether they are tower mounted or structure mounted.
(A) Small wind energy conversion systems (small WECS). The following standards shall apply to all small WECS as defined herein.
(1) Small WECS are permitted, subject to conditions, in zoning districts regulated by the Village of Pewamo Zoning Ordinance.
(2) A zoning compliance certificate and all applicable permits required by the Village of Pewamo and Ionia County Building Department are required prior to construction (installation) of a small WECS.
(3) For all zoning districts, the total height of a tower mounted small WECS, which includes the tower and the rotor blade, shall not be greater than 35 feet. The total height shall be measured from the ground level the base of the tower to the maximum vertical extension of the blade.
(4) The total height for a structure mounted vertical axis small WECS shall not exceed 15 feet as measured from the highest point of the adjacent roof or structure to which it is attached, excluding chimneys, antennae or other similar features.
(5) The minimum site area for a tower mounted small WECS shall be equal to the minimum lot area requirements of the zoning district in which the small WECS is located plus any additional lot area required to meet setback requirements of this section.
(6) The minimum site area for a structure mounted small WECS shall be equal to the minimal lot requirements of the zoning district in which it is located.
(7) For structure mounted small WECS, documentation shall be submitted by a licensed professional engineer, with details pertaining to the structure's ability to sustain all loads imposed.
(8) Setbacks. A tower mounted small WECS shall be set back a distance equal to one and one-half times the height of the tower measured from the top of its blade in vertical position from all adjoining property lines, easements, or right-of-way, and no part of a small WECS may extend into any adjacent yard or property unless an easement has been recorded for that purpose. A structure mounted small WECS shall meet the setback requirements of the zoning district in which it is located.
(9) Ground clearance. A tower mounted small WECS must have a minimum ground clearance of 20 feet between the lowest extension of the rotor blade and the average grade at the base of the structure.
(10) Noise; sound pressure level. The sound pressure level shall not exceed 55 dB(A) measured at the property line or the lease unit boundary, whichever is farther from the source of the noise. The sound pressure level shall not be exceeded for more than three minutes in any hour of the day. If the ambient sound pressure level exceeds 55 dB(A), the standard shall be ambient dB(A) plus 5 dB(A).
(11) Wind turbine structural plans. A building permit application for a small WECS shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. If structure-mounted, an engineering analysis demonstrating compliance with the State Building Code and certified by a licensed professional engineer shall also be submitted.
(12) WECS removal. The WECS owner shall advise the Village of Pewamo of discontinuance of WECS use or abandonment within 60 days of such discontinuance or abandonment. Any WECS that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of such WECS shall remove the same within 90 days of receipt of notice from the Village of Pewamo notifying the owner of such abandonment. Failure to remove an abandoned WECS within said 90 days shall be grounds for the Village of Pewamo to remove the WECS at the owner's or property owner's expense. With the exception of time period specified in this section, the process for abatement and removal of an abandoned WECS shall conform to the process, including recovery of the village's costs and penalties, set forth in Chapter 154, Blight.
(13) Structures mounted small WECS. Structures mounted small WECS shall meet the following additional requirement: structures mounted to small WECS shall not be attached to that portion of a structure facing a public road, but may be attached to principal or accessory structures providing all other requirements of this section are met, shall not utilize guy wire supports, and may not contain commercial advertising.
(14) Additional towers or structures. There may be more than one tower and/or structures mounted small WECS systems per lot or parcel if the total combined rated output of all turbines on the site does not exceed ten (KW) and the additional units are permitted by a special land use approval; and provided that such additional tower or structure meet all of the requirements of this chapter.
(15) The zoning compliance certificate permit application for any small WECS must include:
(a) A project summary, including:
1. A general description of the project, including its approximate name plate capacity, the potential equipment manufacturer(s), type(s) of the WECS, number of WECS and capacity of WECS, the maximum height and diameter of the WECS rotors, a professional analysis of the shadow flicker impact, the general location of the project; and
2. A description of the applicant, owner and operator including their respective business entities.
(b) The name(s), address(es) and phone number(s) of the applicant(s) and property owner(s);
(c) A description for the location of the WECS tower and/or structure mounted system and the location or property lines of adjoining property owners;
(d) A site plan for the installation of the WECS, showing location of each WECS tower, primary structures, property lines, setback lines, height, ancillary equipment and layout of all structures within geographical boundaries of any applicable setbacks;
(e) All required studies, reports, certification and approvals demonstrating compliance with the provisions of this subchapter; and
(f) Any other information required to demonstrate compliance with this subchapter or any other applicable laws and regulations of the village, county, state or federal government.
(16) Guy wires, advertising, and use of non-reflective surfaces and neutral colors. Small WECS system shall not utilize guy wires for support, shall not contain or display commercial advertising, and shall utilize non-reflective surfaces and neutral colors to the maximum extent feasible.
(B) Large wind energy conversion systems (large WECS). The following standards shall apply to all large wind energy conversion systems (WECS) as defined herein:
(1) Large WECS require a special land use permit, a zoning compliance certificate, and a building permit prior to construction/installation and operation;
(2) Large WECS are permitted by special land use only in the (L-1) Light Industrial Zoning Districts only;
(3) The application for a special land use permit must be accompanied by:
(a) An evaluation prepared by certified professionals with a specialty in large WECS of the likely impact of the proposed WECS in the following areas:
1. Noise and vibration impact on any property line;
2. Potential impact on wildlife, including native and migrating birds;
3. Shadow flicker and glare impact on adjacent properties; and
4. Aesthetic impact of the WECS on adjoining properties.
(b) The following information must be detailed to supplement the site plan required for a special use permit application:
1. Property lines, dimension, acreage and contours with appropriate intervals for site evaluation;
2. Location and elevation of the proposed large WECS;
3. Locations and dimensions of all existing structures and uses on the lot within 300 feet of the system;
4. Height of any structures or trees over 35 feet with a 500 foot radius, on-site of the proposed large WECS; and
5. Surrounding land use and structures, irrespective of height, within 500 feet of the large WECS location.
(c) Additional information required for application for special land use permit:
1. Standard drawings of the structural components of the large WECS, including structures, tower, base and footings. A registered professional engineer shall certify drawings and any necessary calculations demonstrating that the system complies with all applicable local, state and federal building structural and electrical codes, and regulations;
2. Certification from a registered professional engineer or qualified person that the rotor and overspeed control have been designed for the proposed use on the proposed site; and
3. Registered professional engineer's certification of the design and safety for the proposed tower to withstand any high wind speeds, and that the large WECS can be operated successfully on the subject property.
(4) Setbacks. A large WECS shall maintain a minimum setback of 1½ times the total height of the tower to the top of the blade in its vertical position from any property line, easements, or right-of-way, and no part of a large WECS may extend into any adjacent yard or property unless an easement has been recorded for the purpose.
(5) Dimensions.
(a) A large WECS shall not exceed a total tower and blade height of 100 feet.
(b) In all cases, the minimum height of the lowest position of the large WECS blade shall be at least 30 feet above the ground.
(c) An approved large WECS is exempt from the height restrictions of the zoning district in which it is located.
(d) A large WECS shall be located on a minimum site area of one acre or larger plus any additional area required to meet the setback requirements of this section.
(6) Noise. The sound pressure for on-site use of small or large WECS shall not exceed 55 dB(A) at the property line closest to the wind energy system. The sound pressure may be exceeded during short term events such as utility outages and/or severe wind storms. If the ambient sound pressure level exceeds 55 dB(A), the standard shall be ambient dB(A) plus 5 dB(A).
(7) General siting and design standards. A large WECS shall meet all federal, state and local aviation regulation requirements, which shall include, but not be limited to, air traffic warning lights or other marking lights, and shall be positioned to avoid undue visual impact on neighboring properties.
(8) Safety measures.
(a) Each large WECS shall be equipped with both manual and automatic controls to limit the rotation or speed of the rotor blade so it does not exceed the design limits or the rotor.
(b) Each large WECS shall be properly grounded to safety sustain natural lightning strikes.
(c) A large WECS shall not include any sign or advertising of any kind, except for an informational sign no larger than two square feet in area posted at the base of the tower, which shall contain the following information:
1. “WARNING; HIGH VOLTAGE”;
2. Manufacture's name;
3. Operator's name;
4. Emergency telephone number; and
5. Emergency shutdown procedures.
(9) Radio and television interference. A large WECS shall be designed and constructed so as not to cause radio and television interference.
(10) Removal of a large WECS. The large WECS owner shall advise the village of the discontinuance of WECS use or abandonment within 60 days of discontinuance. Any WECS that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of such WECS shall remove the same within 90 days of receipt of notice from the village notifying the owner of such abandonment. Failure to remove an abandoned WECS within said 90 days shall be grounds for the village to remove the WECS at the owner's expense. The village may, as a condition of special use permit approval, require a financial guarantee in the form of a performance bond, cash deposit or irrevocable letter of credit or provide sufficient funds for the removal of an abandoned WECS and facilities associated therewith.
(11) Inspections. The village shall have the right at any reasonable time to provide same-day notice to the applicant to inspect the premises on which the WECS are located. The village may hire one or more consultants with approval from the applicant to assist with inspections at the applicants or project owner's expense. Inspection must be coordinated with, and escorted by, applicant's operations staff at the WECS to ensure compliance with the Occupational Safety and Health Administration (OSHA), NESC and all other applicable safety guidelines.
(12) Training emergency response. Applicant will provide firefighter WECS safety awareness training annually for the local fire department, and shall assist in developing an emergency action plan suited for all emergency incidents. The applicant shall coordinate at least annually a walk-through of the WECS with the Village Fire Chief and members of the fire department to develop the emergency action plan that includes, but is not limited to, the location of any and all emergency shut off switches, lockout locations, and other safety and emergency response requirements as determined by the Village Fire Chief or Fire Marshal. The cost for WECS safety awareness training and the emergency action plan shall be at the applicant’s or owner’s expense.
(C) Utility scale wind energy conversion systems. Utility scale wind systems are not permitted by the Village of Pewamo Zoning Ordinance.
(D) Wind energy monitoring station. A wind energy monitoring station is permitted by right in all zoning districts, shall not exceed the maximum height permitted for any potential WECS permitted in that zoning district, shall require a building permit if required by the Village of Pewamo and Ionia County Building Department, and shall be removed within 14 months from the installation date.
(E) Construction codes, towers, interconnection standards. All WECS (small or large) shall comply with all applicable state construction and electrical codes and local building permit requirements. WECS shall comply with state and federal regulations and laws, including the Federal Aviation Administration regulations and requirements, the Michigan Airport Zoning Act, and the Michigan Tall Structures Act.
(F) Maintenance and removal of renewable energy systems.
(1) Renewable energy systems must always be maintained in good repair and operable condition, including compliance with all standards in applicable building and technical codes to ensure structural and technical integrity of such facilities, except for maintenance and repair outages. If a system becomes inoperable or damaged, operations must cease and be promptly remedied.
(2) If the village determines that a renewable energy system fails to comply with the applicable provisions of this code, the Village of Pewamo shall provide written notification to the property owner. The property owner shall have a period of 90 days from the date of notification to either restore the renewable energy system to operation or remove the system. The Zoning Administrator or other person designated by the Village Council may grant extensions to the owner of a renewable energy system to remedy damaged systems upon a showing of good cause, such as any circumstance or event beyond the reasonable control of the owner of a renewable energy system, including the following events:
(a) Explosion, fire, tornado, lightning, flood, unusually severe weather, natural disaster, epidemic, any other act of God, and any other similar circumstance; or
(b) Failure of any third party supplier.
(3) In the event such renewable energy system is not brought into compliance with this code within the specified period, the village may remove or cause the removal of said facility at the property owner's expense. With the exception of time period specified in this section, the process for abatement and removal of an abandoned WECS shall conform to the process, including recovery of the village's costs and penalties, set forth in Chapter 154, Blight.
(4) The Village of Pewamo may pursue all available legal remedies at law and equity to remove a renewable energy system which fails to comply with this code.
(5) Any delay by the Village of Pewamo in taking enforcement action against the owner of a renewable energy system and the owner of the property if such owner is different from the owner of such facility shall not waive the village's right to take any legal action as provided by law.
(6) The village may seek the removal of a renewable energy system regardless of the owner's or operator's intent for said facility, and regardless of any permits that may have been issued or granted by other state or federal governmental authorities. After the renewable energy system is removed, the owner of the subject property shall promptly restore the subject property to a condition consistent with the property's condition prior to the installation of the system. Installation shall comply subject to applicable local, state and federal laws and regulations.
(Ord. 2019-02, passed 6-10-2019)
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