City Works on Windmill Law Update

2009-04-30 / Front Page

By Karen Gould

Since September, the St. Ignace Planning Commission has been crafting a new wind energy facility ordinance to replace a seven year-old local law that regulates large wind turbines. The new ordinance also will govern the smaller turbines that can be attached to homes or installed in yards.

Planners met Wednesday, April 22, to review a draft of the regulation, tighten the language, and add the definition of a small wind turbine. Once all changes are made, the commission will recommend that the city council repeal the old three-page document and adopt the new 17-page ordinance.

Planning Commission Chairman Art Underwood said the commission should be concerned with safety, including the new units 15 to 20 feet tall designed for residential use.

Commissioners agreed both large and small turbines would be permitted in limited numbers in the community, based on setback requirements detailed in the ordinance. Considered a safety zone, the setback distance of a turbine from an inhabited building will be equal to 1.25 times the height of the tower and blade at its highest point. For example, a 40-foot tower would require a 50-foot setback from a home. Also, a setback from the lot line is required and is equal to 1.1 times the height of the tower and blade at its highest point.

If neighbors want to combined lots to meet setback requirements, they will be required to seek approval from the Zoning Board of Appeals.

Turbines are also governed by federal laws, including those of the Federal Aviation Administration.

The state suggests a $500 fine and a misdemeanor citation for those who violate local wind energy ordinances. Some communities are listing a penalty of $10,000 per violation, but the St. Ignace Planning Commission will recommend the city follow the state guidelines.

Mr. Underwood said he did not want to create penalties greater than state requirements.

"Some cities get in trouble with that," he said.

If a large wind farm is developed and abandoned, the city would work first through the ordinance and then, if necessary, through the courts to solve the matter, said City Manager Eric Dodson.

"I don't really think it would come to that," he said. "I think we will get them down before that."

Also included in the ordinance are permit requirements and the ability for the city to seek a professional inspector. City permits will be required before wind turbine facilities are constructed and also are required for individual turbine units.

The commission agreed the technology is changing rapidly, and the city is not an expert and has the right to request a turbine facility be inspected by a professional.

"I can see people being creative with these things and trying to do things a little bit differently than what the manufacturer might say," said Mr. Underwood.

City building inspector Paul Sved, Mr. Dodson, and commission member and City Clerk Renee Vonderwerth worked on the draft ordinance.

When it's adopted by the city council, the planning commission will use the new ordinance as a guideline when it begins updating the city's master plan. The revision is scheduled to begin this year, to be completed by the 2010 deadline. The master plan was last revised and adopted in 2005. State law requires the process take place every five years.

In other business, Mr. Underwood said he has asked Mackinac Straits Hospital CEO Rod Nelson to present the commission with an update on plans for the long term care facility at the new hospital under construction on North State Street.

The commission's next meeting is Wednesday, May 20, at 7 p.m. in council chambers at City Hall.

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