This chapter is enacted pursuant to § 66.0401,
Wis. Stats.
The purpose of this chapter is to provide a
regulatory scheme for the construction and operation of wind energy
facilities in the Town of Buchanan whose primary purpose is to supply
electricity to off-site customer(s), subject to reasonable restrictions
that will preserve the public health and safety or that do not significantly
increase the cost of the system or significantly decrease its efficiency,
while allowing for renewable energy sources to be present within the
Town of Buchanan.
A.
The definitions and rules of construction of this chapter will be as set forth in § 1-2 of the Town of Buchanan Code and as set forth in this chapter, unless such definitions or rules of construction are inconsistent with the manifest intent of the Town Board or as required by the statutes of the State of Wisconsin.
B.
Words used in the present tense include the future,
the singular number includes the plural number, and the plural number
includes the singular number; the word "building" includes the word
"structure," and any words not herein defined shall be presumed to
be interpreted by their customary dictionary definitions.
As used in this chapter, the following terms
shall have the meanings indicated:
A point of reference for a measurement.
A person, appointed by the Town Board, authorized by enactment
of this chapter to issue permits for wind energy systems, monitor
compliance, and enforce the provisions of this chapter.
The Town of Buchanan Plan Commission.
The process of use termination and removal of all or part
of a wind energy system by the owner or assigns of a wind energy facility.
The Federal Aviation Administration.
Any of the practices, methods and acts with respect to the
safe operation of a wind energy facility engaged in or approved by
a significant portion of the electric utility industry and, in particular,
those portions of the industry with experience in the construction,
operation and maintenance of wind turbines during the relevant time
period; or any of the practices, methods and acts which, in the exercise
of reasonable judgment in light of the facts known at the time the
decision was made, could have been expected to accomplish the desired
result at a reasonable cost consistent with good business practices,
reliability, safety and expedition. Good utility practice is not intended
to be limited to the optimum practice, method or act to the exclusion
of all others, but rather to be acceptable practices, methods or acts
generally accepted in the region.
When referring to a wind energy system, the distance measured
from ground level to the center of the tower hub.
An area of surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater
and may include areas with soils less than 60 inches thick over bedrock,
caves, enlarged fractures, mine features, exposed bedrock surfaces,
sinkholes, springs, seeps, swallets, and depressional areas with no
surface drainage.
The person who owns the property on which a wind energy system
is located.
A meteorological tower, including the tower, base plate,
anchors, guy cables and hardware, anemometers (wind speed indicators),
wind direction vanes, booms to hold equipment anemometers and vanes,
data logger, instrument wiring, and any telemetry devices that are
used to monitor or transmit wind speed and wind flow characteristics
over a period of time for either instantaneous wind information or
to characterize the wind resources at a given location.
A wind energy system that was erected prior to the enactment
of this chapter, that is not in compliance with the provisions of
this chapter, and that has not ceased the production of energy for
a period of 12 consecutive months or longer.
A permanent building existing prior to submittal of a wind
energy permit application used for human or animal habitation.
The person or entity who develops, operates or owns a wind
energy system, whether an individual, proprietorship, corporation,
association, partnership, limited liability entity or any other legal
entity. For purposes of this chapter, "owner" also includes the applicant.
The cross-sectional dimension of the circle swept by the
rotating blades.
An area identified by the East Central Regional Planning
Commission as having an anticipated need for wastewater treatment.
A sewer service area plan identifies existing sewered areas as well
as adjacent land most suitable for new development.
The on and off flickering effect of a shadow caused when
the sun passes behind the rotor of a wind turbine or the blades of
a wind turbine.
When referring to a wind energy system, the distance measured
from ground level to the blade extended at its highest point.
The monopole, freestanding or guyed structure that supports
a wind generator.
Town of Buchanan, Outagamie County, Wisconsin.
A three-member board, appointed by the Town Chairperson with approval of the Town Board, to review the decisions of the Code Administrator and officers, departments, boards, Building Inspector or other administrative officer, as set forth in Chapter 525 of the Town of Buchanan Code.
[Amended 11-13-2018 by Ord. No. 2018-08]
The time at which a large wind energy facility owner provides
notice to the Town of Buchanan that the large wind energy facility
or individual wind turbines are no longer used to produce electricity,
unless due to repairs. Such notice of use termination shall occur
no less than 30 days prior to actual use termination.
One or more wind energy systems under common ownership or
operating control, and includes substations, MET towers, cables/wires,
and other buildings accessory to such facility, whose main purpose
is to supply electricity to off-site customer(s).
A construction and operating permit granted by the Code Administrator
in accordance with the provisions of this chapter and § 66.0401,
Wis. Stats., or any successor statutes.
A wind energy conversion system that converts the energy
in the wind into electricity through the use of a wind generator,
and includes the tower, blade, foundation, controller or inverter,
and utility interface equipment.
A wind energy system that has:
A wind energy system that has:
A.
Wind energy systems that were erected before the enactment
of this chapter and that are in continuous use shall be considered
nonconforming legal structures and need not comply with the provisions
contained herein.
B.
A wind energy system that does not provide energy
for 12 consecutive months shall lose its nonconforming legal status
and must comply with the provisions of this chapter before it recommences
production of energy.
C.
No person shall alter or modify a preexisting nonconforming
legal structure without bringing the entire structure into compliance
with this chapter. This provision does not apply to routine maintenance
and ordinary repairs that do not exceed 50% of the value of the structure
at the time of the maintenance or repair.
