April 21, 2005, Introduced by Reps. Walker, Moolenaar, Booher, Meyer, Brandenburg, Casperson, Kahn, Garfield, Vander Veen, Amos, Gaffney, Palmer, Tobocman, Gonzales, Nitz, Hune and Emmons and referred to the Committee on Government Operations.
A bill to amend 1943 PA 184, entitled
"Township zoning act,"
(MCL 125.271 to 125.310) by adding section 16j.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16j. (1) As used in this section, a "wind energy system"
or "system" means a wind energy conversion system.
(2) A wind energy system shall be permitted in all zoning
classifications subject to all of the following requirements:
(a) The wind energy system shall be built at a distance from
all property lines not leased or owned by the owner of the system
that is not less than the height of the system tower including the
top of the blade in its vertical position.
(b) The minimum vertical clearance from the blade tip to the
ground shall not be less than 20 feet.
(c) The sound created by the system shall not exceed 60 dBA at
the closest property line of property not served by the system.
(d) The system shall comply with all applicable state
construction and electrical codes and aviation regulations.
(3) Before a wind energy system is installed, the owner of the
system shall notify the owner's servicing electric supplier that
the owner intends to install an interconnected wind energy system
generator.
(4) All interconnected customer owned wind energy system
generators shall comply with all applicable Michigan public service
commission and electric supplier interconnection requirements.
(5) The owner of a wind energy system shall establish and
follow a regular maintenance program.
(6) The owner of a wind energy system may apply to the
township in which the system is located for, and the township may
grant, a variance from the requirements of this section.
(7) An owner of a wind energy system shall not be found to be
a public or private nuisance if the system complies with the
requirements of this section. This subsection applies
notwithstanding any of the following:
(a) A change in ownership.
(b) Temporary cessation or interruption in producing
electricity by the system.
(c) New technology.