Draft Bushnell Twp Wind Ordinance

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TOWNSHIP BOARD BUSHNELL TOWNSHIP MONTCALM COUNTY, MICHIGAN

(Ordinance No. _____)

At a regular meeting of the Township Board for Bushnell Township held at the Township Hall on ___________________ and commencing at 6:00 p.m., the following Ordinance was offered for adoption by Township Board Member ___________ and was seconded by Township Board Member ____________:

AN ORDINANCE REGULATING COMMERCIAL WIND ENERGY

CONVERSION SYSTEMS THROUGHOUT BUSHNELL TOWNSHIP.

THE TOWNSHIP OF BUSHNELL (THE "TOWNSHIP") ORDAINS:

Section 1. Title.

This Ordinance may be cited as the Bushnell Township Commercial Wind Energy Conversion Systems Ordinance.

Section 2. Purpose.

The purpose of this Ordinance is to protect the health, safety, and welfare of the residents of the Township; provide for the safe, effective, efficient, and orderly operation of commercial wind energy conversion systems within the Township; protect and preserve historic agricultural and recreational activities within the Township; protect and preserve the Township's environmental and ecological assets, wetlands, and other ecological and environmentally sensitive areas; protect and preserve the open spaces, viewscapes, and rural aesthetics of the Township; and to provide regulations that balance the oftencompeting interests of property owners, their neighbors, and the community.

Section 3. Definitions.

The following definitions will apply unless the context clearly indicates or requires otherwise:

• Abandonment. A commercial wind energy conversion system, or any portion thereof, is abandoned if it has not been in substantial operation for a period of one year. This includes a commercial wind energy conversion system that was never operational, or if construction has been halted for a period of one year.

• Parcel. A parcel or lot as defined in the Land Division Act, PA 288 of 1967 (MCL

560.101 et seq.), as amended, or a condominium unit as defined in the Condominium Act, PA 59 of 1978 (MCL 559.101 et seq.), as amended.

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• Commercial wind energy conversion system. A commercial wind energy conversion system is defined to mean a wind energy conversion system and any related buildings, structures, and equipment for which the principal design, purpose, or use is to provide energy for off-premises use or for the wholesale or retail sale of generated electricity to any person or entity.

• Wind energy conversion system. A wind energy conversion system defined to mean any part of a system, including but not limited to wind turbines, inverters, transformers, lines, wires, conduit, and cables that converts wind energy into electricity or any other form of usable energy, stores such electricity or any other form of usable energy, or transfers such electricity or any other form of usable energy.

• Wind Turbine. Wind turbine is defined to mean a device that converts wind energy into electrical energy. A wind turbine is generally comprised of a foundation, tower, rotor hub, rotor blades and nacelle. See Figure 1. Figure 1

• Wind turbine coverage area. Wind turbine coverage area (turbine coverage area) is defined to mean the total area within a circle, that when viewed from above the wind turbine, is centered on the wind turbine base with a diameter equal to the rotor diameter. See Figure 2.

Tower Nacelle Blade Hub Rotor Foundation

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• Wind turbine coverage area circumference. Wind turbine coverage area circumference (turbine coverage are circumference) is defined to mean the circumference of the wind turbine coverage area. See Figure 2. Figure 2

• Wind turbine rotor diameter. Wind turbine rotor diameter (rotor diameter) is added and defined to mean the diameter of the circle swept by the wind turbine blades. See Figure 3.

• Wind turbine rotor ground clearance. Wind turbine rotor ground clearance (rotor ground clearance) is defined to mean the distance as measured from the ground to the tip of the rotor blade at its lowest vertical position. See Figure 3.

• Wind turbine hub height. Wind turbine hub height (hub height) is defined to mean the distance as measured from the ground to the center of the rotor hub. See Figure 3.

• Wind turbine tip height. Wind turbine tip height (tip height) is added and defined to mean the distance as measured from the ground to tip of the rotor blade at its most upright vertical position. See Figure 3.

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Figure 3

Section 4. Commercial Wind Energy Conversion Systems.

A. Unless authorized by and operated in strict accordance with the provisions of this Ordinance, commercial wind energy conversion systems, or any portions thereof, are prohibited within the Township.

B. Commercial wind energy conversion systems without a Township permit issued pursuant to this Ordinance are prohibited within the Township.

C. A Township permit is a revocable privilege granted by the Township. The application for or granting of a Township permit under this Ordinance does not create or vest any right, title, franchise, or other property interest.

Section 5. Permit Application.

A. All applications for a Township permit must be filed with the Township Clerk utilizing and complying with the Township application, forms, and processes, as adopted from time to time by resolution of the Township Board. Only complete applications will be accepted.

Hub height Rotor diameter Tip height Ground Rotor ground clearance

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B. As part of the application process, the applicant may be required to provide any information reasonably deemed by the Township to be required for the consideration of Township permit approval.

C. The following are required as part of any application:

1. The escrow deposit as required by Section 9.

2. The name, address, and phone number of the applicant, any authorized representatives of the applicant, the proposed operator if known, and the real property owners of the parcels being utilized as a part of the commercial wind energy conversion system.

3. Project description identifying the planned capacity in megawatts; construction sequence and timeline; development phases if any; rated useful life of wind turbines, transformers, and inverters; and possible future expansions.

4. If the applicant is not the property owner, an affidavit or evidence of an agreement establishing that the applicant has the permission of the property owner to apply for the special land use.

5. Scaled renderings depicting the three typical views of the commercial wind energy conversion system, including one view from the public right-of-way.

6. Site plan showing the size and location of all proposed buildings, structures, and equipment including but not limited to transformers by type, inverters by type, wind turbines by type; required setbacks; parcel lines; signage; fences; vegetation; drainage systems; easements; public rights-of-way; private roads; floodplains; bodies of water; lighting; proposed access routes; distribution, transmission, gen-tie, and collection lines; and land elevations. The site plan must be drawn to scale and must indicate how the commercial wind energy conversion systems will be connected to substations.

7. Noise impact study and noise level map.

8. Shadow flicker study and map.

9. Glare study and glare map.

10. Electromagnetic signal interference study and map.

11. Environmental and ecological impact studies detailing the affect the construction and operation of the commercial wind energy conversion system will have on the parcels upon which the wind energy conversion systems are located as well as the surrounding area and a plan for mitigating the negative environmental and ecological impact the construction and operation of the

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commercial wind energy conversion system will have on parcels comprising the commercial wind energy conversion system as well as the surrounding area. The impact study and mitigation plan must address water resources, air quality, wildlife, floodplains, wetlands, unique farmlands or soils, erosion and sediment control, drainage, areas of aesthetic or historic importance, archeological or cultural concerns, neighboring properties, utilities and infrastructure, noise, glare, light, shadow flicker, waste disposal, and any other relevant factors.

12. Proof of environmental compliance, including compliance with Part 31 - Water Resources Protection, of the Natural Resources and Environmental Protection Act, Part 91-Soil Erosion and Sedimentation Control, Part 301 - Inland Lakes and Streams, Part 303 - Wetlands, Part 365 - Endangered Species Protection, and any other applicable laws and rules in force at the time the application is considered by the Township Board.

13. Demonstrated consultation with the U.S. Fish and Wildlife Service's Land- Based Wind Energy Guidelines.

14. A transportation plan for construction and operational phases of the commercial wind energy conversion system including any applicable agreements with the County Road Commission and the Michigan Department of Transportation.

15. A decommissioning plan demonstrating compliance with the requirements of

Section 12.

16. A decommissioning estimate consistent with the requirements of paragraph

Section 10.

Section 6. Permitting Process.

A. Within sixty calendar days of receiving a completed application, the Township Clerk will present the application to the Township Board.

B. The Township Board will hold a public hearing on the application prior to rendering any final determination.

C. The Township Board is the permitting authority. Township permits will only be issued if the Township Board finds that the application and proposed operation of the commercial wind energy conversion system comply with the requirements of this Ordinance and that the operation of the commercial wind energy conversion system would not be unreasonably detrimental to the health, safety, and welfare of the general public. The Township Board may condition approval upon the fulfillment of certain criteria consistent with the requirements and intent of this Ordinance.

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D. No Township permit will be issued until the requirements of Sections 10 and 11 have been met.

E. A Township permit is transferable with prior approval of the Township Board following a public hearing. The new permit holder must comply with this Ordinance, the permit, and all approvals and conditions issued by the Township.

Section 7. Site Plan Modifications.

A. Following the issuance of a Township permit, minor modifications to a commercial wind energy conversion system site plan may be made following approval by the Township Supervisor. However, the Township Supervisor may refer any proposed minor modification to the Township Board for approval in accordance with the procedure set forth in Paragraph 7(B). The determination of what constitutes a minor modification is at the Township Supervisor's reasonable discretion.

B. Following the issuance of a Township permit, major modifications to a commercial wind energy conversion system site plan must be approved by the Township Board prior to being made. Application and approval for modifications will be made in accordance with Sections 5 and 6 except that only those documents being modified need to be submitted and no public hearing is required prior to the approval of a modification unless such modification would alter the parcels being utilized as a part of the commercial wind energy conversion system.

Section 8. Commercial Wind Energy Conversion System Requirements.

A. Commercial wind energy conversion systems may only be located on parcels of land that are _____ acres in size or larger.

B. Commercial wind energy conversion systems are not permitted on property enrolled in the Farm Land and Open Space Preservation Program under Part 361 of the Natural Resources and Environmental Protection Act, PA 451 of 1994 (MCL 324. 36101 et. seq.), as amended.