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Matteson Township MI wind energy zoning ordinance

The attached ordinance from Matteson Township, Michigan outlines the requirements that small and large scale wind projects must satisfy in order to ensure the health and safety of citizens and the effective operation of wind energy in the Township. The ordinance calls for thorough site plans, turbine diagrams, and impact studies, including those related to shadow flicker, turbine noise, and the avian and environmental impact. It also provides detailed regulations on a project's components, issuing limitations on turbine height, noise emission, and shadow flicker. The Township Board reserves the right to shut down any wind project failing to meet the ordinance's stated requirements and regulations.

Noise Emission

1. No WECS shall generate or permit to be generated audible noise from commercial or industrial permitted facilities that exceeds 45 dBA (Lmax) or 55 dBC (Lmax) (dBC to dBA ratio of 10 dB per ANSI standard S12.9 Part 4 Annex D) for any duration, at a property line or any point within any property.

2. No WECS shall generate or permit to be generated from commercial or industrial permitted facilities any acoustic, vibratory, or barometric oscillations in the frequency range of 0.1 to 1 Hz that is detectable at any time and for any duration by confirmed human sensation or exceeds a sound pressure level from 0.1 to 20 Hz of 50 dB(unweighted) re 20uPA or exceeds an RMS acceleration level of 50 dB(unweighted) re 1 micro-g by instrumentation at a landowner’s property line or at any point within a landowner’s property.

3. No WECS shall generate or permit to be generated from commercial or industrial permitted facilities any vibration in the low-frequency range of 0.1 to 20 Hz, including the 1, 2, 4, 8, and 16 Hertz octave bands that is perceivable by human sensation or exceeds an rms acceleration level of 50 dB(unweighted) re 1 micro-g at any time and for any duration either due to impulsive or periodic excitation of structure or any other mechanism at a landowner’s property line or at any point within landowner’s property.

4. A noise level measurement made in accordance with methods in Section D.3.g. that is higher than 45 dBA (Lmax) or 55 dBC (Lmax) adjusted for the penalty assessed for a tonal noise condition, shall constitute prima facie evidence of a nuisance.

5. An acoustic, vibratory or barometric measurement documenting oscillations associated to commercial or industrial permitted facilities with levels exceeding the noise limits shall constitute prima facie evidence of a nuisance.

6. All commercial and industrial activity shall comply with limits and restrictions anywhere at any time on another property.

Shadow Flicker

Utility-scale WECS shall produce no shadow flicker on unpooled parcels. Measures to mitigate the effects of shadow flicker on adjacent properties, including pooled parcels such as programming the WECS to stop rotating during times when shadow crosses occupied structures, may be required by the Township depending on the location and duration of the shadow flicker impact. 1. Mitigation and Mitigation Plan. A shadow flicker detection/abatement system is required on each wind turbine generator. An equivalent type of system may be used, but only with prior approval by the Planning Commission. Shadow detection systems must be kept in good working order for the entire duration of the special land use. Shadow flicker mitigation measures for each receptor modeled to receive flicker shall be described in a mitigation plan and submitted with the application. Flicker mitigation measures may include but are not limited to, turbine siting changes and flicker detection/abatement system operation. If landscaping is used as a mitigation procedure, the planting of mature trees shall be required. The Planning Commission may require a performance guarantee or other mitigation measures, to assure the long-term viability and effectiveness of the mitigation.

Height

Utility-scale WECS shall have a maximum height of 328 feet or less; except where state and federal regulations may require a lesser height; or where, as a condition of special use approval, the Planning Commission requires a lesser height. Height is measured from the average grade at the base of the tower to the highest point of WECS when a blade is in its vertical orientation.

(b) Setbacks: The following setbacks, measured from the outside edge (the point furthest from the pylon as it rotates horizontally) of the blades, not from the tower itself, shall be observed.

a. 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 1.25 miles as measured from the ground at the center of the base of the tower to the highest reach of the blade.

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Matteson Township Wind Ordinance Final Dec 2019

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Source: https://docs.google.com/vie...

DEC 11 2019
http://www.windaction.org/posts/51063-matteson-township-mi-wind-energy-zoning-ordinance
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