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Centerville Township zoning ordinance for commercial wind energy systems

Centerville Township, located in Leelanau County Michigan adopted this commerical wind energy zoning ordinance on August 18. 2010. The ordinance provides detailed standards for siting wind turbines to ensure the public is appropriately protected. Portions of the ordinance appeear below. The full ordinance can be accessed by clicking the links on this page.

4.23.2 GENERAL PROVISIONS

4.23.2.1 Applicability:

Commercial wind energy systems shall not be regulated or permitted as essential services, public utilities, or private utilities. Commercial wind energy systems are allowed as a special land use within Agricultural Districts in Centerville Township subject to the requirements of this Ordinance. All interconnected wind energy systems, except those that meet the definition of private wind energy systems, shall be considered commercial and subject to special land use permit and requirements within this ordinance.

4.23.2.2 Total Generating Capacity: The total rated generating capacity for all commercial wind energy systems allowed in Centerville Township shall not exceed two times the amount of electricity used by the Township in the calendar year preceding the application.

4.23.3 PERFORMANCE AND REGULATORY STANDARDS

All commercial wind energy systems and testing structures shall comply with the performance and regulatory standards set forth in this section.

4.23.3.1 Height Limit:

The maximum permitted height of an anemometer tower or a horizontal axis wind energy system shall be one hundred ninety-nine (199) feet. The Planning Commission may set a lower height limit for other types of wind turbines.

4.23.3.2 Setbacks:

  • Property line and road setback: The setback of an anemometer tower or a wind energy system from any adjoining property line and any adjoining private or public road shall be no less than ten (10) times the diameter of the rotor. If necessary, the owner/operator shall secure recorded lease agreements or easements with adjoining property owners to achieve the setback requirements.
  • Inhabited structure setback: The setback of an anemometer tower or a wind energy system from any inhabited structure shall be no less than five (5) times the total height of the wind energy system.
  • Lake Leelanau Setback: The setback of an anemometer tower or a wind energy system from Lake Leelanau, as measured from the ordinary high water mark, shall be no less than ten (10) times the diameter of the rotor.
  • Wetland Setbacks: The setback of an anemometer tower or a wind energy system from the delineated boundary of wetlands shall be no less than ten (10) times the diameter of the rotor.
  • Setbacks to Other Sensitive Areas: The setback of an anemometer tower or a wind energy system from other sensitive areas, except as specified herein shall be no less than ten (10) times the diameter of the rotor.
  • Sleeping Bear Dunes National Lakeshore Setback: The setback of a wind energy system from the boundary of Sleeping Bear Dunes National Lakeshore shall be no less than three (3) miles.

4.23.3.3 Spacing:

Adjacent wind energy systems must be spaced at least one-half (1/2) mile apart.

4.23.3.4 Tower and Turbine Design:

The wind energy system tower shall be a monopole or monotube style construction (as distinguished from a lattice-style tower) with no guy wires, exterior ladders or platforms.
Centerville Township

4.23.3.5 Color and Finish:

Wind energy systems shall have a non-reflective finish and shall be a non-obtrusive, neutral color that is compatible with the natural environment, such as white, gray, or beige. Wind energy systems shall not display logos, advertising or promotional materials.

4.23.3.6 Lighting:

The Centerville Township Planning Commission shall not permit any wind energy system that requires Federal Aviation Administration-mandated lighting. Continuous nighttime lighting onsite shall not be permitted. Lighting shall be used only as needed for maintenance and inspection. Lighting shall be shielded to minimize glare, visibility and impact on wildlife and shall comply with Section 4.22 Outdoor Lighting Ordinance.

4.23.3.7 Construction Codes, Towers and Interconnection Standards:

Wind energy systems together with all related components, including but not limited to transmission lines and transformers, shall comply with all federal, state and county requirements and standards, including applicable construction and electrical codes, local permit requirements, and applicable utility, Michigan Public Service Commission, and Federal Energy Regulatory Commission interconnection standards and IEC61400. 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 local jurisdiction airport overlay zone regulations.

4.23.3.8 Interconnection and Electrical Distribution Facilities:

All electrical transmission lines associated with the wind energy site shall be located and maintained underground, in accordance with best practice guidelines. This requirement applies to transmission lines connecting the wind energy system(s) to the transmission provider’s distribution system, but does not apply to the transmission provider’s distribution system that constitutes the public electrical grid.

4.23.3.9 Safety:

  • All utility grid wind energy systems shall be designed to prevent unauthorized access to electrical and mechanical components and shall have access doors that are kept securely locked at all times when service personnel are not present.
  • Signs no more than four (4) square feet in area and without advertising or promotional materials shall be posted at the wind energy system tower and at the wind energy system service drive entrance at the minimum setback distance. Signs shall display:
  • Address and telephone numbers that allow a caller to directly contact a responsible individual to deal with emergencies at any time during or after business hours and on weekends and holidays.
  • A warning about the dangers of falling ice.
  • All spent lubricants and cooling fluids shall be properly and safely removed in a timely manner from the site of the wind energy system.
  • The minimum vertical blade tip clearance from grade shall be twenty-five (25) feet for a wind energy system employing a horizontal axis rotor.

4.23.3.10 Impacts on Wildlife Species and Habitat:

  • Site Selection: Applicants shall follow the U.S. Fish and Wildlife Service Interim Guidelines to Avoid and Minimize Wildlife Impacts from Wind Turbines (2003) for selecting appropriate wind energy system site(s) including completing a potential impact checklist and calculating the potential impact index.
  • Endangered or Threatened Species: Development and operation of a wind energy system shall not
  • Migratory Birds: Development and operation of a wind energy system shall not have a significant adverse impact on migratory bird species.
  • Eagles: Development and operation of a wind energy system shall not have a significant adverse impact on eagles. The setback of an anemometer tower or a wind energy system from any known eagle’s nest shall be five (5) miles.
  • Imposed Conditions for Monitoring and Operation: The Centerville Township Planning Commission may impose special conditions for monitoring bird and bat fatalities and may impose special mitigation measures such as blade feathering limiting rotational speed or shut down during periods of high seasonal concentrations of migrating birds and bats and or low visibility weather conditions.

Monitoring:

Avian and bat impact reporting: The owner/operator shall submit a quarterly report to the Centerville Township Zoning Administrator or the Township’s designee that identifies all dead birds and bats found within five hundred (500) feet of the wind turbine generator. Reporting shall continue for at least three (3) years after turbine operations begin, or longer if required by the Centerville Township Planning Commission. Monitoring shall follow protocols referenced in this Ordinance under “Application Requirement: Avian, Bat and Wildlife Impact Analysis and Plan,” and results shall be adjusted for predation and observer bias.

Notification and mitigation: In the event of extraordinary mortality of threatened or endangered species, or discovery of an unexpected large number of dead birds and bats of any variety on site, the US Fish and Wildlife Service, Michigan Department of Natural Resources and the Environment (MDNRE) and the Centerville Township Zoning Administrator or the Township’s designee shall be notified within twenty-four (24) hours. The owner/operator shall, within thirty (30 days), submit a report to the Centerville Township Zoning Administrator describing the cause of the occurrence and the steps taken to avoid future occurrences.

4.23.3.11 Noise Regulatory Standards:

Audible Noise Standard:

From 6:00 A.M. until 10:00 P.M., for wind speeds from cut-in to rated-power of the wind energy system, the A scale equivalent noise level due to the wind energy system at the property line closest and at locations within one (1) mile of the wind energy system shall not exceed the greater of:

  • Thirty-five (35) dB(A) or
  • The established outdoor background sound level by more than five (5) dB(A).

From 10:00 P.M. until 6:00 A.M., the A scale equivalent noise level due to the wind energy system at the property line closest and at locations within one (1) mile of the wind turbine generator shall not exceed the established outdoor background sound level by more than three (3) dB(A). Background sound level shall be established separately for daytime (6:00 A.M.-10:00 P.M.) and for nighttime (10:00 P.M.-6:00 A.M.) values.

Noise Measurement, Analysis and Applicable Noise Control Engineering Standards: Measurement, modeling and analysis shall follow “Appendix Noise Measurement Protocols” and shall conform to the most current version of ANSI S12.18, IEC 61400 and ISO 9613. Background sound pressure level measurements and post-construction sound pressure level measurements made after installation of the wind energy system shall be done by a third party, qualified professional and shall follow “Appendix Noise Measurement Protocols” and be done according to the procedures in the most current version of ANSI S12.18. All sound pressure levels shall be measured with a certified Type I or Type II sound meter that meets or exceeds the most current version of ANSI S1.4 specifications for a sound meter. Meters shall be calibrated on site before and after any measurement period.

4.23.3.12 Shadow Flicker and Blade Glint:

A wind energy system shall be designed to minimize shadow flicker from moving blades or reflected blade glint occurring off the site on which the facility is located. Should shadow flicker or blade glint be expected to fall on a portion of an off-site property, the system may be operated within the following conditions:

  • The flicker or glint will not exceed thirty (30) hours per year; or
  • The flicker or glint will fall more than one hundred (100) feet from an existing residence, unless the affected property owner has signed a written agreement with the owner-operator.
  • If shadow flicker or blade glint violate any of these conditions, violations shall be handled by the township zoning administrator or township designee.

4.23.3.13 Ice Throw:

The ice throw or ice shedding for the wind energy system shall not cross the property lines of the site on which the facility is located and shall not impinge on any public right-of-way or overhead utility line. Violations shall be handled by the township zoning administrator or township designee.

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Centerville Zoning Ordinance 358577 7

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Source: http://www.michigan.gov/doc...

AUG 18 2010
http://www.windaction.org/posts/41750-centerville-township-zoning-ordinance-for-commercial-wind-energy-systems
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