Section 17.70 Utility Grid Wind Energy Systems 1. All conversion systems shall be equipped with manual and automatic overspeed controls to limit rotation of blades to speed below the designed limits of the conversion system. The certified registered engineer and authorized factory representative shall certify that the rotor and overspeed control design and fabrication conform to good engineering practices. No changes or alterations from certified design shall be permitted unless accompanied by a certified registered engineer's and the authorized factory representative's statement of certification. 2. All electrical compartments, storage facilities, wire conduit and interconnections with utility companies will conform to national and local electrical codes. 3. A visible warning sign of "High Voltage" will be placed at the base of all conversion systems. The sign shall have at a minimum six (6) inch letters with 3/4-inch stroke. This sign shall include a 24 hour emergency phone number. 4. All towers or poles must be unclimbable by design or protected by anti-climbing devices such as: a. Fences with locking portals at least six (6) feet high; b. Anti-climbing devices twelve (12) feet from base of pole; 5. Tubular towers are required. 6. Engineering data concerning construction of the tower base must be submitted with an application and site plan. The base of the wind turbine must be constructed in such a manner that upon removal of said tower, the soil will be restored to its original condition to a depth of 4 feet. 7. “Up wind turbines” are required. 8. Constant velocity turbines are preferred. Variable speed turbines must submit additional data concerning noise when their revolutions per minute exceed 25 rpms. 9. Visual appearance and its impact on nearby dwellings will be limited by using muted colors, industry standard that minimizes visibility, and by using turbines that are consistent in their appearance. 10. No advertising of any kind shall be allowed on the wind turbine. 11. The electrical wires used to connect the turbine tower to its step-up transformer shall be installed at a depth of 48 inches or more below ground. 12. At the time of application, data from the Michigan DNR must be included that shows migratory routes, nesting sites and or feeding areas of protected avian species indigenous to Michigan and its neighboring states. 13. The compatibility of the tower structure with the rotors and other components of the conversion systems shall be certified by a certified, registered engineer and by the authorized factory representative. In addition, the lowest point of the blade shall be a minimum of thirty (30) feet above the ground. 14. Height and Setback Requirements. a. Wind energy generators may exceed the height limitations of the zoning district in which they are located, subject to the limitations provided in this subsection 14. b. In the case of a “pooling of parcels,” no wind turbine generator shall be located such that the distance between the center of the base of the tower and any outside boundary line of the area comprising the special land use in which the pooled parcels are located is less than two times the height of the wind turbine generator, as measured from the ground at the center of the base of the tower to the highest reach of the blade. c. In the case of a single (unpooled) parcel, no wind turbine generator shall be located such that the distance between the center of the base of the tower and any property line is less than two times the height of the wind turbine generator, as measured from the ground at the center of the base of the tower to the highest reach of the blade. d. No wind turbine generator shall be located such that the distance between the center of the base of the tower and the nearest point of any existing building designed or used for human occupancy or assembly (including but not limited to a dwelling, school, foster care facility, church and the like) is less than two times the height of the wind turbine as measured from the ground at the center of the base of the tower to the highest reach of the blade. e. No wind turbine generator shall be located such that the distance between the center of the base of the tower to the nearest point of any existing building or structure that is not designed or used for human occupancy or assembly (including but not limited to a garage, other accessory building, barn, storage building and the like) or road right-of-way is less than one and one half times the height of the wind turbine generator, as measured from the ground at the center of the base of the tower to the highest reach of the blade. f. No wind turbine generator shall be located such that the distance between the nearest point of the blade (while in rotation) and the nearest boundary line of any individual land parcel comprising the pooled parcel is less than 50 feet; provided, however, that the Planning Commission may approve a lesser setback distance if written consents for such lesser distance are obtained from the owners of all lands located, in whole or in part, within one rotor-diameter of the wind turbine generator measured from the center of the base of the wind turbine generator. In determining whether such lesser setback may be approved, the Planning Commission shall consider the technical needs of the applicant, the feasibility of alternate locations, the nature and proximity of nearby buildings and structures, and the potential for adverse impacts that noise, shadow flicker, and other features may have on adjacent land uses. g. All wind turbine generators shall fully comply with Article XV Airport Overlay District. 15. The certified registered engineer and authorized factory representative shall certify that the construction and installation of the conversion system meets or exceeds the manufacturer's construction and installation standards. 16. Maintenance and Operation. a. A wind energy system must be maintained and kept in good working order or shall be removed by the owner of the wind energy system. Any wind energy system, or part of a wind energy system such as a wind turbine generator, that has not produced electrical energy for 12 consecutive months shall be deemed to be abandoned; provided, however, that the owner or operator of the wind turbine may apply to the Planning Commission, not less than three months prior to the expiration of said 12-month period, for one additional extension of up to twelve months upon establishing, to the satisfaction of the Planning Commission, that the lack of production was caused by reasons beyond the control of the owner or operator. In determining whether such abandonment has occurred, the Planning Commission or County Zoning Administrator may request, and the operator, system owner, or property owner shall provide written documentation accurately indicating the amount of electrical energy produced by the wind energy system during said 12-month period. It shall be the obligation of the wind energy system owner to remove the abandoned wind energy system. i. To ensure that an abandoned wind energy system is removed, a performance bond or letter of credit, in an amount determined by the Planning Commission to be sufficient to cover the entire cost of removal, shall be submitted by the applicant prior to the issuance of the special land use. To assist the Planning Commission in determining the amount of the performance bond or letter of credit, the applicant may submit information regarding the estimated cost to remove a wind energy system. ii. The performance bond or letter of credit shall be conditioned upon the timely and faithful performance of the requirements of this ordinance and the special land use. The performance bond or letter of credit shall remain in effect for the duration of the special land use. The amount of the performance bond or letter of credit shall be adjusted at least every three years to reflect changes in the estimated cost of removal, based on the most recent inflation index for the cost of comparable services, as published by the U. S. Bureau of Labor Statistics, or other applicable federal agency or other commonly accepted index. iii. If the wind energy system owner fails to remove the wind energy system as required by this Section, then the County is entitled to use the proceeds from the performance bond or letter of credit to have the wind energy system removed. Such removal by the County shall not relieve the owner of the wind energy system from its removal obligation. b. A condition of the performance bond or letter of credit shall be written notification by the issuing company or institution to the County Zoning Administrator when the performance bond or letter of credit is about to expire or be terminated. c. The wind energy system owner or operator shall provide the County Zoning Administrator with a copy of the yearly maintenance inspection. d. Failure to keep the performance bond or letter of credit in effect while a wind energy system or weather testing tower is in place will be a violation of the special land use approval. If a lapse in the performance bond or letter of credit occurs, the County will use all available remedies including revocation of the special land use approval. 17. Noise levels. a. The noise level measured at the external property line of an unpooled (single) parcel on which the wind energy system has been installed or at the external property line of the pooled unit (as defined in subsection 19 hereof) shall not exceed 55 decibels. If the ambient sound pressure level exceeds 55 decibels, the standard shall be ambient dB(A) plus 5 dB(A). After installation of the Utility Grid wind energy system, sound pressure level measurements shall be done by a third party, qualified professional according to the procedures in the most current version of ANSI S12.18. All sound pressure levels shall be measured with a sound meter that meets or exceeds the most current version of ANSI S1.4 specifications for a Type II sound meter. b. Documentation of sound pressure level measurements shall be provided, at the expense of the applicant, to the local government within 90 days of the commencement of the commercial operation of the project. c. The applicant shall submit all of the following data at the time of the application that clearly demonstrates that the placement and design of the wind turbine(s) can meet or not exceed the prescribed noise levels. i. Wind Rose Chart. This is a chart or graph that describes 12 months of wind data collected from the proposed parcel. This graph or chart will demonstrate direction, duration, and intensity of the wind for the entire parcel (pooled or not). ii. Site Plan. Site plan to scale that shows the relationship of all dwellings at the external property lines of the proposed wind turbine(s) parcel. iii. Sound chart or sound data. Sound chart or sound data that shows the sound level in decibels at the base of the turbine tower and at the nacelle. In addition, the reduction of noise of the specific wind turbine, up to and including, 7 rotor diameters away from the base of the wind turbine shall be included. Modeling and analysis shall conform to the IEC 61400 and ISO 9613. d. Sound Pressure Mediation. Should an aggrieved property owner call into question the sound pressure level of a wind tower, the aggrieved property owner shall follow the following procedure: i. Notify the County in writing regarding concerns about sound pressure and ask the County to perform a sound pressure test at the aggrieved owner’s property line. ii. The County will request the aggrieved property owner deposit funds in an amount sufficient to pay for a sound measurement test according to the specifications of 17.4817.a. iii. If the sound test indicates that the sound pressure level is within ordinance guidelines, the County will use the deposit to pay for the sound pressure test. iv. If the wind tower owner is in violation of the ordinance sound standards, the tower owner shall reimburse the County for the sound pressure test and take immediate action to bring the wind tower into greater compliance which may include ceasing operation of the wind turbine until ordinance violations are corrected. The County will refund the deposit to the aggrieved property owner. 18. Any lighting required by the FAA shall be of the lowest intensity and of the slowest pulse allowed. 19. Pooling of Parcels. a. If two or more parcels of land are included in the special land use, they shall be pooled into a single unit (the “pooled unit”) for purposes of the special land use, in accordance with this paragraph 19. b. The applicant shall attach to its application the pooling instrument and copies of all leases, easements or other instruments which constitute the applicant’s land use rights for all parcels comprising the pooled unit, and which together with the pertinent facts in the application and site plan establish that the applicant will not be required to release or terminate its lease, easement, or other land use rights with respect to any parcel being pooled for the purpose of obtaining a single special use permit for the duration of the special land use if and to the extent that such a release or termination would result in a conflict with or a violation of the special land use permit or any other provisions of this zoning ordinance. The pooling instrument shall be executed and recorded by the applicant with the County Register of Deeds prior to the issuance of the special land use. c. The pooling instrument shall be the form of a declaration of pooling, and shall contain the content thereof, as prepared and furnished by the County for use by all applicants requesting a special land use, with the appropriate land descriptions provided by the applicant and other specific references applicable to the lands involved. The form of declaration of pooling furnished by the County shall include a statement that the lands are being pooled for the purpose of operations under the approved special land use and shall have the legal effect of imposing the terms of the special land use upon each parcel of land comprising the pooled unit. d. The form of declaration of pooling furnished by the County, as completed by the applicant with the relevant legal descriptions and other matters specific to the lands involved, shall be subject to final approval by the Planning Commission prior to the instrument being recorded with the Register of Deeds, e. The form of declaration of pooling furnished by the County shall by its terms run with the land so as to be binding upon and inure to the benefit of all successors and assigns of the applicant and the owners of the parcels comprising the pooled unit. It shall be enforceable by the County, the applicant, and the owners of the parcels comprising the pooled unit. f. As a condition of the special land use, the Planning Commission may require the applicant to submit a last owner of record search, at the applicant’s expense, certified to the date of the special land use application or, as determined by the Planning Commission, to the date of recording of the applicable pooling instrument, lease, easement or other recorded instrument, by an approved title examiner or title insurance company, covering the proposed pooled unit, and disclosing the then owners of the lands comprising the pooled unit. g. Neither the applicant nor the property owner, may release or terminate the declaration of pooling, or other pooling instrument, or any lease, easement or other instrument executed in compliance with the special land use, as to the entire pooled unit or any part thereof, for the duration of the special land use, in whole or in part, if and to the extent that such a release or termination would result in a conflict with or a violation of the special land use or other applicable provision of this zoning ordinance. h. The applicant shall record with the Register of Deeds a memorandum of the special land use permit issued with respect to all parcels pooled as part of the special land use obtained hereunder. The memorandum shall consist of the form of memorandum prepared and furnished by the County for use by applicants for the special land use, and shall contain the content thereof as prepared by the County, except for legal descriptions and other references specific to the lands involved, which shall be included by the applicant. Prior to the memorandum being recorded with the Register of Deeds, the applicant shall submit to the Planning Commission for approval, consistent with the provisions of this Section, the proposed memorandum as completed by the applicant with the land descriptions and other references specific to the land involved. 17.71 On Site Wind Energy Systems and Anemometers over 66 feet. 1. Setbacks: The distance between a wind energy system structure and the owner’s property lines shall be at least 1 ½ times the height of the wind energy system tower including the top of the blade in its vertical position. No part of the wind energy system structure, including guy wire anchors, may extend closer than 25 feet to the owner’s property lines. 2. Sound Pressure Level: Sound pressure level shall not exceed 55 dB (A) at adjacent property lines to the wind energy system. The sound pressure level 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). 3. Sound Pressure Proof of Compliance: Proof of compliance with sound pressure standards is required within 90 days after the system becomes operational. Sound shall be measured by a third party, qualified professional according to the standards outlined in Section 17.70 17.a. 4. Sound Pressure Mediation. Should an aggrieved property owner call into question the sound pressure level of a wind tower, the aggrieved property owner shall follow the following procedure: a. Notify the County in writing regarding concerns about sound pressure and ask the County to perform a sound pressure test at the aggrieved owner’s property line. b. The County will request the aggrieved property owner deposit funds in an amount sufficient to pay for a sound measurement test according to the specifications of 17.70 17.a. c. If the sound test indicates that the sound pressure level is within ordinance guidelines, the County will use the deposit to pay for the sound pressure test. d. If the wind tower owner is in violation of the ordinance sound standards, the tower owner shall reimburse the County for the sound pressure test and take immediate action to bring the wind tower into greater compliance which may include ceasing operation of the wind turbine until ordinance violations are corrected. The County will refund the deposit to the aggrieved property owner. 5. Construction Codes and Other Standards: On Site Use wind energy systems including anemometer towers shall comply with all applicable state construction and electrical codes and local building permit requirements. On Site Use wind energy systems including towers shall comply with Federal Aviation Administration requirements, the Michigan Airport Zoning Act (Public Act 23 of 1950, MCL 259.431 et seq.), the Michigan Tall Structures Act (Public Act 259 of 1959, MCL 259.481 et seq.), and airport overlay zone regulations. 6. Safety: An On Site Use wind energy system shall have automatic braking, governing, or a feathering system to prevent uncontrolled rotation or over speeding. All wind towers shall have an automatic transfer switch. All wind towers shall have lightning protection. If a tower is supported by guy wires, the wires shall be clearly marked with brightly colored tubing to a height of at least six feet above the guy wire anchors. The minimum vertical blade tip clearance from grade shall be 20 feet for a wind energy system employing a horizontal axis rotor. 7. Lighting: Lighting required by the FAA shall be the lowest intensity and of the slowest pulse allowed. 8. Visual Impact: Visual impact will be limited by using muted colors, industry standards that minimize visibility, and by using turbines that are consistent in the appearance. No advertising of any kind shall be allowed on the wind turbine with the exception of the manufacturer’s name or logo. 9. Abandonment. If a wind tower has been abandoned for over 1 year and poses an immediate risk to health and safety due to lack of maintenance, poor structural integrity, noise, or vibration it shall be considered a nuisance and a violation of this ordinance. 10. Lack of Maintenance. If at any time the wind tower poses an immediate risk to health and safety due to lack of maintenance, poor structural integrity, noise, or vibration it shall be considered a nuisance and a violation of this ordinance. 11. Applications: Applications for On Site wind energy systems with a tower height greater than 66 feet shall include: j. A site plan, drawn to scale, indicating property lines, dimensions and location of all structures, and all structures within 100 feet of the applicant’s property lines. k. Information regarding the height of the tower and turbine blade length. l. Manufacturer’s modeling and analysis confirming that the wind energy system will not exceed the maximum permitted sound pressure levels. m. The location of the wind turbine, guy wires, and accessory structures. n. Documentation that construction code, tower interconnection (if applicable), electrical code, airport overlay zoning, and safety requirements have been met. o. The applicant shall provide visual simulations of how the completed project will look from four viewable angles. p. Proof of the applicant’s liability insurance. q. Applicant shall provide a copy of that portion of the applicant’s lease with the land owner granting authority to install a Met tower and requiring the applicant to remove all equipment and restore the site after completion of the wind site assessment. r. An aerial photograph indicating property lines and the location of the wind turbine or anemometer and all support apparatus. s. A survey of the applicant’s property, if the applicant has an existing survey.