Planning commssion also recommends adoption of residential wind turbine ordinance

BY KATE HESSLING

Tribune Staff Writer

BAD AXE — Huron County planning commissioners voted Wednesday to recommend adopting proposed wind ordinance amendments that increase setbacks and decrease turbine noise limits for nonparticipating landowners.

The proposed ordinance amendments increase the county’s setback from 1,000 feet to 1,320 feet, and decrease the noise limit a turbine can emit from 50 to 45 decibels for nonparticipating landowners.

In addition, per the new ordinance amendments recommended for adoption, developers will have to post at least a $1 million bond along with a plan describing the intended disposition of the wind development when the project ends its useful life.

The ordinance can be read online at www.co.huron.mi.us under the “Zoning Ordinance” link listed on the Building and Zoning Department’s web page.

Prior to the Huron County Planning Commission’s recommendation Wednesday, there were some concerns raised during public comment regarding having setbacks set from a dwelling rather than a property line. Some felt it would be more protective to have setbacks start from a property line rather than a dwelling.

Also, there were concerns about decommissioning turbines, and it was noted there have not been funds set aside in the event the wind park in Ubly were to cease operating. The plan, officials said, was to get that funding in about 15 years down the road, rather than at this time. Funds set aside for decommissioning would ensure if a park ceases to operate, there will be money available to take down the turbines if the owner/developer can’t afford it or will not do it. The $1 million bond and decommissioning plan the proposed ordinance would require is intended to address this concern. The park in Ubly was singled out during public comment because the one in Elkton falls under township zoning.

Another concern voiced during public comment cited a need for a moratorium on future wind developments in Huron County so officials have time to do more research and not make any decisions in haste. Also, there was a concern raised that the planning commissioners do not live near a wind turbine and don’t realize what it’s like to lose sleep because of noise from turbines.

There also were calls for planning commission members who have leases or easements with wind developers to refrain from voting on issues relating to wind. Planning commissioners who have wind energy leases/easements include Ervin Haley, Fred Hasen and Joel Weber, according to records from the Huron County Register of Deeds Office.

Planning Board Chairman Ted Sheldon said he is aware of the planning commissioners who have leases and does not believe there is a conflict of interest. Both he and Huron County Building and Zoning Director Russ Lundberg noted Huron County Corporation Steven J. Allen has been consulted, and Allen concurs that there is no conflict of interest, as defined by the planning board’s bylaws. Those bylaws recently were updated to address issues of conflict of interest, Lundberg added.

Following the board’s vote to recommend the ordinance amendments be adopted, the board voted to also recommend an ordinance allowing for the use of small-scale residential wind turbines be adopted.

The planning board originally recommended the ordinance be adopted by the county during the board’s regular meeting in February. However, in March, the Huron County Board of Commissioners sent the recommendation back to the planning commission because there was an issue regarding the portion of the ordinance addressing noise.

That portion states turbines shall not exceed 45 decibels, as measured from the closest lot line, and this level may be exceeded during short-term events, such as severe windstorms.

The concern was that there is no wording defining what is a “short-term event,” and how long a short-term event can last.

Lundberg noted he sought the opinion of Allen in this issue, and it was recommended the planning board remove the language regarding a short-term event.

That language was removed in the residential wind ordinance Huron County planning commissioners recommended Wednesday. Both ordinances recommended for adoption during Wednesday’s meeting now will go to the Huron County Board of Commissioners for final approval.

The Huron County Planning Commission’s next regular meeting is set for 7:30 p.m. June 2 in Room 305 of the Huron County Building in Bad Axe.

Web link: http://www.michigansthumb.com/articles/2010/05/06/...