If you have been following the progression of the existing Kawkawlin Township Wind Ordinance and the changes proposed by the Citizens Advisory Council for Section 520 – Wind Energy within the full 2010 Kawkawlin Township Zoning Ordinance, read this update.
A Kawkawlin Township (KT) citizen commissioned a well-known wind energy attorney, Mr. Joshua Nolan, of Nolan Law in Toledo, Ohio to review the Draft Ordinance. Mr. Nolan was asked to review the Draft changes to the Ordinance proposed by the Citizens Advisory Council, available here: Word _Kawkawlin Township Zoning Ordinance (Nolan Redline)
It was sent along with a cover letter to the Planning Commission, which urges them to adopt all of Mr. Nolan’s suggestions to protect not only the health and safety of residents, but to ensure that the Township is protected financially from any unintended consequences that may arise from any wind developer doing business in the Township. A few key comments from Mr. Nolan include:
- Setbacks — the distance between a Utility Grid wind energy system and the property lines of the nearest non-participating parcels shall be 400% of the “Overall Height of the Turbine measured from the property line to the wind turbine tower centerline
- Public Liability Insurance of $2,000,000.00 per each wind energy conversion system
- A Surety Bond for Decommissioning in an amount no less than $800,000.00 per turbine
- Requiring that in the event of any breach of the requirements in the Ordinance, that the owner and/or operator of the wind energy company shall be responsible for all court costs and attorney fees incurred by the Township
- A Complaint Resolution Process that is managed by an independent third party.
Please read the full legal opinion attached, and plan to speak and share your thoughts for up to 3 minutes during the Public Comment period at the upcoming Planning Commission Meeting on April 11th!