WIND ENERGY OVERLAY DISTRICT DRAFT

New and/or revised definitions proposed to be added to Section 86-2

Anemometer means an instrument which measures and records the speed of the wind.

dB(A) means the sound pressure level in decibels.

Decibel means the unit of measure used to express the magnitude of sound pressure and sound intensity.

Net metering means a special metering and billing agreement between a utility company and its customers which facilitates the interconnection of renewable energy generating systems to the electrical power grid.

Shadow flicker means a moving shadow created by the sun shining through the rotating blades of a wind energy system onto the ground and stationary objects.

Tower, lattice means a freestanding structure composed generally of three or four steel leg supports used to support communication equipment or an anemometer (See graphic following definition of "Antenna, whip").

Tower, monopole means a freestanding structure composed of a single spire used to support communication equipment or a wind energy system. (See graphic following definition of "Antenna, whip").

Wind energy system means the equipment which converts and then stores or transfers energy from the wind into usable forms of energy including but not limited to the wind turbine and the tower.

Wind energy system, utility grid means a freestanding structure used for generating electric power from wind that is intended to provide electricity to the electrical power grid.

New Section 86-443. Wind Energy Overlay District.

(a) Purpose.

(1) The purpose of the wind energy overlay ordinance is to:

a. Provide standards and regulations pertaining to the location, construction, design, maintenance, and abandonment of wind energy systems and anemometers;

b. Enhance and expand the alternative energy options available to residents and businesses located in the township; and

c. Limit potential impacts to adjacent and nearby properties from wind energy systems and anemometers through proper design, engineering, and siting.

(b) Applicability.

The regulations and standards of the wind energy overlay district shall apply to all lots and properties in the Township.

(c) Standards applying to all wind energy systems and anemometers, including utility grid wind energy systems.

(1) Compliance: A wind energy system or anemometer shall be in compliance with all applicable federal, state, county, and township codes or regulations.

(2) Ground clearance: The lowest extension of any blade or other exposed moving component of a wind energy system or anemometer shall be a minimum of 20 feet above the ground or above any outdoor surfaces intended for human use such as but not limited to sidewalks, pathways, decks, patios, and balconies that are situated directly below the wind energy system or anemometer.

(3) Upwind turbine: Wind energy systems with a horizontal axis installed on a tower shall be positioned in such a manner so the wind hits the blades before it hits the tower to avoid the thumping noise which can occur if the wind is disrupted by hitting the tower before the blades.

(4) Tower design:

a. A freestanding wind energy system shall be mounted on a monopole tower. The tower shall be finished in a single reflective matte color that minimizes off-site visibility.

b. Lattice towers shall be prohibited except an anemometer may be mounted on a lattice tower when determining a site’s wind energy potential.

(5) Electrical systems: Electrical controls, control wiring, grounding wires, power lines, and system components shall be placed underground within the boundary of the site where the wind energy system or anemometer is located.

(6) Noise and vibration:

a. Noise levels shall not exceed 50 dBA as measured at the boundary of the site where the wind energy system or anemometer is located.

b. Vibrations shall not be produced which are perceptible to humans beyond the boundary of the site where the wind energy system or anemometer is located.

(7) Safety and security:

a. Access: Wind energy systems and anemometers shall be designed to prevent unauthorized access to electrical and mechanical components.

b. Security fencing: Unless exempted by federal standards, security fencing shall be consistent with the requirements of section 86-474 and section 86-506 of the code of ordinances.

c. Anti-climbing design: Towers for freestanding wind energy systems and anemometers shall be designed so all climbing apparatus are self-contained inside the tower or so the tower is designed to be un-climbable for the first 12 feet above the ground.

d. Automatic braking controls: Wind energy systems shall be equipped with an automatic braking or governing system to prevent un-controlled rotation, over-speeding, and excessive pressure on the structure, rotor blades, or other components unless the manufacturer certifies in writing that a braking system is not necessary.

e. Uplift and overturning resistant: The applicant shall provide documentation from an architect, engineer, or the manufacturer showing the wind energy system or anemometer is designed to be resistant to uplift and overturning forces.

f. Installation certification: Upon completion, written certification from the installation contractor indicating the wind energy system or anemometer has been constructed and installed pursuant to the manufacturer’s guidelines and pursuant to all federal, state, county, and township codes shall be submitted to the department of community planning and development.

g. Liability insurance: Proof of adequate insurance coverage shall be provided to the department of community planning and development. Liability insurance coverage sufficient to cover any potential damages caused by the wind energy system or anemometer shall be maintained throughout the construction and operation until it has been removed from the site.

h. Separation between wind energy systems: To assure adequate separation is provided between wind energy systems, documentation shall be submitted identifying the location and dimensions of all existing wind energy systems situated on the same or adjacent sites.

i. Separation from above ground utility lines: Wind energy systems and anemometers shall be setback from existing above ground utility lines a distance equal to 1.25 times the height of the wind energy system or anemometer.

j. Utility approval: If the wind energy system is connected to the electrical power grid for net metering purposes. A copy of the letter of approval from the utility shall be provided to the department of community planning and development.

(8) Guy-wires prohibited: Guy wires shall be prohibited for any wind energy system or an anemometer.

(9) Lease area:

a. The lease area shall not be less than the minimum lot area and minimum lot width of the underlying zoning district.

b. The lease area shall not cross road rights-of-way.

(10) Maintenance:

a. The wind energy system or anemometer shall be properly maintained in conformance with manufacturer’s guidelines.

b. No parts, equipment, lubricants, cooling fluids, or any other materials shall be stored outside on the site.

(11) Wetlands and floodway: A freestanding wind energy system or anemometer shall not be located in regulated wetlands or in the floodway as defined in section 86-436.

(12) Lighting: No exterior lighting shall be allowed on the tower of the wind energy system or anemometer unless required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).

(13) Lightning: Wind energy systems and anemometers shall have lightning protection.

(14) Primary purpose of the wind energy system: With the exception of utility grid wind energy systems, the primary purpose of the wind energy system shall be to provide power to the use located on the same site and the re-sale of any remaining excess energy shall be secondary.

(d) Submittal requirements for all wind energy systems and anemometers, including utility grid wind energy systems.

(1) Abandonment plan:

a. An abandonment plan shall be submitted with the application for a wind energy system or an anemometer which includes at a minimum:

1. The estimated costs in current dollars to abandon the wind energy system or anemometer.

2. The anticipated manner which the wind energy system or anemometer will be removed and the site restored.

3. The method of ensuring that funds will be available for removing the wind energy system or anemometer and restoring the site.

4. Any other information deemed necessary by the director of community planning and development to evaluate the abandonment of the wind energy system or anemometer.

b. A wind energy system or anemometer shall be deemed to have been abandoned if:

1. No electricity has been generated from the wind energy system for a period of 12 consecutive months unless extenuating circumstances have resulted in the disuse of the wind energy system.

2. The wind energy system or anemometer has not operated for a period of 12 consecutive months.

3. The maximum time period for the anemometer allowed under section 86-443(f)(3)d has expired without an extension being granted by the director of community planning and development.

4. The final determination on whether a wind energy system or anemometer has been abandoned shall be made by the director of community planning and development.

5. The wind energy system or anemometer shall be removed within six months after deemed abandoned. Abandonment shall include the removal of the wind energy system or anemometer, structures, tower, electrical components, and any other accessory facilities and appurtenances. Any foundation shall be removed to a depth of at least five feet below grade.

c. If the wind energy system or anemometer is not completely removed within six months, the township may hire a contractor to complete the work. The expenses related to the abandonment shall be deducted from the required performance guarantee.

(2) Performance guarantee: A continuously enforced performance guarantee in a form and amount acceptable to the director of community planning and development shall be submitted prior to installation of any wind energy system or anemometer and shall be maintained until the wind energy system or anemometer is abandoned, removed, and the site is restored. If the performance guarantee is not maintained throughout the life of the wind energy system or anemometer, the Township may require the wind energy system or anemometer to be shut down until the performance guarantee is reestablished.

(3) Impact analysis: The applicant shall disclose any potential impact from a wind energy system or anemometer on the following features, subject to the discretion of the director of community planning and development:

• Floodway, floodway fringe, wetlands, rivers, ponds, lakes, streams, or drains

• Wildlife preserves and corridors.

• Endangered species.

• Historical sites.

• Native American religious sites.

• Groundwater recharge areas.

• Woodlands.

(4) Land clearing permit: A land clearing permit shall be required prior to any work taking place when a wind energy system or anemometer is proposed to be located on an undeveloped site.

(e) Complaint resolution.

(1) Shadow flicker: Shadow flicker complaints received after the operation of a wind energy system has begun shall be addressed pursuant to the following complaint resolution process:

a. The township shall be notified of the complaint in writing.

b. Township staff shall conduct an initial investigation into the complaint.

c. Upon determination by the director of community planning and development that there is sufficient cause for further analysis of the complaint, the owner of the wind energy system shall be required to deposit funds sufficient to conduct a shadow flicker analysis to determine if the complaint is valid.

d. If it is determined the complaint is valid, the owner of the wind energy system shall take immediate action to bring the wind energy system into compliance.

e. The township may require the wind energy system to shut down and cease operations until the violation is corrected.

(2) Signal interference:

a. A wind energy system or anemometer shall not interfere with broadcast, defense, communication, or weather monitoring systems such as but not limited to cellular, radio, telephone, television, wireless phone, microwave, satellite, radar, and emergency services.

b. Upon receipt of a written complaint, the owner of a wind energy system or anemometer shall take such reasonable and necessary steps to prevent, eliminate, or mitigate any interference with signals caused by the wind energy system or anemometer.

c. If the signal interference cannot be resolved under the provisions of subsection b, the Township may require the wind energy system or anemometer cease operation until the problem is corrected.

(3) Noise: complaints related to noise shall be addressed through the process established in section 50-84.

(f) Uses permitted by right.

(1) A building-mounted wind energy system designed to serve the use on the site.

a. Maximum number of wind energy systems:

1. A maximum of two wind energy systems per site may be mounted on one and two-family dwellings or accessory buildings.

2. A maximum of five wind energy systems per site may be mounted on multiple- family, mixed use, or non-residential buildings. Wind energy systems are not permitted on accessory buildings for multiple-family, mixed use, or non-residential uses.

b. Maximum height: The maximum height shall be ten feet measured from the roof or building location where the system is mounted to the uppermost part of the system or the tip of the blades when extended to the highest vertical position whichever is greater. The maximum height may be extended to 20 feet, subject to approval by the director of community planning and development based on documentation provided by the applicant that the proposed height of the building mounted wind energy system is the minimum height necessary to supply power and no other location is available for a building mounted wind energy system at a lower height.

c. Maximum kilowatts:

1. A maximum of ten kilowatts per site may be provided by all wind energy systems when mounted on a one or two-family dwellings or accessory buildings. The maximum kilowatts may be increased to 20 kilowatts subject to the approval of the director of community planning and development based on documentation provided by the applicant that the proposed kilowatts are the minimum necessary to supply power to the site.

2. A maximum of 25 kilowatts per site may be provided by all wind energy systems when mounted on multiple-family, mixed use, or non-residential buildings. The maximum kilowatts may be increased to 40 kilowatts subject to the approval of the director of community planning and development based on documentation provided by the applicant that the proposed kilowatts are the minimum necessary to supply power to the site.