§ 60-186. Wind energy conversion systems.

(a)

Intent. It is the intent of the City of Alma to promote the effective and efficient use of wind energy conversion systems (WESC) by regulating the siting, design, and installation of such systems to protect the public health, safety, and welfare. In no case shall this ordinance guarantee the wind rights or establish access to the wind.

(b)

Approval required. Except where noted in this section, it shall be unlawful to construct, erect, install, alter, or locate any WECS project within the City of Alma unless approval for a:

(1)

Private WECS: A permit has been obtained from the building department as an accessory use and subject to section 60-186. Only one private WECS shall be permitted per lot, and the private WECS shall not be allowed within either a required or nonrequired front yard area. A private WECS shall not be allowed in the R-1, R-1A, and R-2 zoning districts.

(2)

Commercial WECS: A special land use has been obtained pursuant to article IV and this section. Commercial WECS shall only be allowed in the B-2, LI, or GI zoning districts.

(3)

Temporary WECS: A permit has been obtained from the building department.

(c)

General standards. The following standards shall apply to wind energy conversion systems in the City of Alma:

(1)

Design safety certification. The safety of the design of all WECS structures shall comply with all current applicable State of Michigan guidelines and standards.

(2)

Setbacks. All private WECS structures (horizontal axis or vertical axis wind turbines) must be setback from property lines at a distance equal to or greater than one and one-tenth (1.1) times the height of the structure, measured from the base of the structure to the highest reach of its blade. (See figure 60-186) All commercial WECS structures (horizontal axis or vertical axis wind turbines) shall be set back according to the following standards:

a.

Occupied buildings. Each commercial wind turbine shall be set back from the nearest residence, school, hospital, church, public library, or any other occupied buildings a distance no less than the greater of: (a) two times the height of the tower, or (b) 1,000 feet.

b.

Boundaries with nonparticipating parcels. Commercial wind turbines shall not be located within 1½ times the tower height of the property line of a nonparticipating parcel.

Figure 60-186

c.

Interference. All WECS structures shall be certified by the manufacturer to minimize or mitigate interference with existing electromagnetic communications, such as radio, telephone, microwave or television signals.

d.

Noise. The sound pressure level shall not exceed 55 dB(A) (A-weighted decibels) at the property line closest to the wind energy system This 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 dBA, the standard shall be ambient dBA plus five dBA.

e.

Safety. All moving parts including blades or rotating cylinders shall be located at least eight feet above the ground and a safe distance from human interference (See figure 60-186). The support system, footings and tower shall be constructed in accordance with all applicable building codes governing structural integrity and wind loads.

f.

Height. All private and commercial WECS structures shall be subject to the height restrictions of section 60-186. However, private WECS structures within the R-3 zoning district shall not exceed a maximum height of 40 feet, and shall be subject to the setback regulations as noted in figure 60-186.

(3)

Additional standards for commercial WECS structures. The following additional standards shall apply to all commercial wind energy conversion systems in the City of Alma:

a.

Color. Towers and blades shall be a nonreflective neutral color.

b.

Controls and brakes. All commercial WECS structures shall be equipped with manual and automatic controls to limit rotation of blades to a speed below the designed limits of the WECS. The professional engineer must certify that the rotor and over speed control design and fabrication conform to applicable design standards. No changes or alterations from certified design shall be permitted unless accompanied by a professional engineer's statement of certification.

c.

Compliance with FAA. It shall be the responsibility of the applicant to obtain the appropriate FAA permits for the WECS structure, or to obtain a determination of no significant impact to air navigation from the FAA.

d.

Climb prevention. All commercial WECS structures must be protected by anti-climbing devices.

e.

Warnings. A visible warning sign of "High Voltage" may be required to be placed at the base of all commercial WECS structures. The sign must have at a minimum, six-inch letters with three-fourths-inch stroke. Such signs shall be located a maximum of 300 feet apart and at all points of site ingress and egress.

f.

Performance bond. The city shall have on file a performance bond for removal of a commercial structure. The value of the bond shall be in the amount given prior to construction for the cost of removal and any other costs deemed necessary by the city.

g.

Removal. A condition of every approval of a commercial WECS shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of one or more of the following events:

1.

When the facility has not been used for 180 days or more. For purposes of this section, the removal of equipment from the facility, or the cessation of operations (transmission of electrical power or prolonged periods of no movement of the WECS) shall be considered as the beginning of a period of nonuse.

2.

Six months after new technology is available at reasonable cost, as determined by the planning commission, which permits the operation of the WECS without the requirement of the support structure.

3.

The situations in which removal of a facility is required, as set forth in paragraphs 1. and 2. above, may be applied and limited to portions of a facility.

4.

Upon the occurrence of one or more of the events requiring removal, the property owner or persons who had used the facility shall immediately apply for any required demolition or removal permits, proceed with, and complete the demolition/removal.

5.

If the required removal of a facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days' written notice, the city may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn, collected and/or enforced from or under the security posted at the time of application.

(Ord. No. 736, § 1, 1-25-2011)