February 13, 2007, Introduced by Reps. Walker, David Law, Gillard, Acciavatti, Hildenbrand, Casperson, Brandenburg, Nitz, Marleau, Palmer, Meadows, Gaffney, Pastor, Robertson, Emmons and Garfield and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
(MCL 125.3101 to 125.3702) by adding section 510.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 510. (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 as a special or
conditional land use 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 1.5 times 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 55 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) A local unit of government may designate up to 10% of the
land under the jurisdiction of the local unit of government as land
not available for the location of a wind energy system.
(4) A local unit of government may impose a reasonable fee for
the review and approval of a special or conditional land use under
this section.
(5) A local unit of government may require from the owner of the
system a bond or other security to cover the costs reasonably
associated with the installation, maintenance, or removal of a wind
energy system.
(6) 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.
(7) All interconnected customer owned wind energy system
generators shall comply with all applicable Michigan public service
commission and electric supplier interconnection requirements.
(8) The owner of a wind energy system shall establish and follow
a regular maintenance program.
(9) Except for subsection (2)(d), the owner of a wind energy
system may apply to the local unit of government in which the system
is located for, and the local unit of government may grant, a variance
from the requirements of this section.
(10) 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.