A. 
Any person who wishes to erect, modify or alter a wind energy facility as set forth above must submit an application for a wind energy siting permit with the Plan Commission.
B. 
If the Code Administrator determines the applicant is not meeting all of the conditions of the wind energy siting permit, this chapter or the approved site plan, the Code Administrator shall issue a letter of noncompliance. The applicant shall have 14 days to respond to said noncompliance allegations. If noncompliance is still determined to exist after review of the response by the Code Administrator, the applicant shall have 30 days to correct the violation(s). Failure to comply within the 30 days may result in a revocation of the wind energy siting permit as set forth in § 513-25 or a citation being issued as set forth in Chapter 1, § 1-7.
C. 
For small wind energy systems, the Administrator shall issue a permit or deny the application within one month of the date on which the application is received. The Administrator shall issue a building permit for a small wind energy system if the application materials show that the proposed small wind energy system meets the requirements of this chapter. If the application is rejected, the Administrator will notify the applicant in writing and provide a written statement of the reason why the application was rejected. The applicant may reapply if the deficiencies specified by the Administrator are resolved.
D. 
For large wind energy systems, the applicant must comply with the requirements of §§ 513-22 and 513-23, the neighborhood review process.
E. 
For large wind energy systems, any permit issued to an owner is not assignable (except as collateral to obtain financing) or transferable to any other person, firm or corporation, whether by operation of law or otherwise, without the express prior written consent of the Town, which consent is not to be unreasonably withheld. In addition to any other requirements imposed by the Town with regard to a proposed assignment, the assignee must submit an affidavit demonstrating its agreement to assume all of the owner's rights, duties and obligations under the permit, including, without limitation, the financial security provisions.
F. 
For large wind energy systems, the owner of a large wind energy facility shall defend, indemnify and hold harmless the Town of Buchanan and its officials from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities whatsoever, including attorneys' fees arising out of the acts or omissions of the operator concerning the operation of the large wind energy facility, without limitation, whether said liability is premised on contract or tort.
G. 
All wind energy facilities authorized by this chapter shall be erected and completed according to the approved application and site plan within 36 months of permit issuance. If the wind energy facility is to be erected in phases exceeding the allowable 36 months, the timeline must be stated in the application and approved by the Code Administrator. The Code Administrator shall then specify a deadline for completion of the permit.
A. 
All permit applications shall be made on forms provided by the Plan Commission and be accompanied by the fee set forth by the Town Board.
B. 
The application shall include:
(1) 
The name, address, legal corporate status, and telephone number of the applicant responsible for the accuracy of the application and site plan.
(2) 
The name, address, legal corporate status, and telephone number of the owner of the wind energy facility.
(3) 
A signed statement indicating that the applicant has legal authority to construct, operate and develop the wind energy system(s) under state, federal and local laws and regulations, including Federal Aviation Administration (FAA), state and local building codes.
(4) 
A description of the number and kind of wind energy system(s) to be installed.
(5) 
A description of the wind energy system's height and design, including a cross section, elevation and diagram of how the wind energy system(s) will be anchored to the ground.
(6) 
A diagram, drawn to scale, showing the parcel boundaries and a legal description, support facilities, access, proposed landscaping, and fencing.
(7) 
A statement from the applicant that all wind energy system(s) will be installed in compliance with manufacturer's specifications and a copy of those manufacturer's specifications.
(8) 
A copy of the lease with the landowner if the applicant does not own the land for the proposed wind energy facility(ies), and a statement from the landowner of the leased site that he/she will abide by all applicable terms and conditions of the wind energy siting permit.
(9) 
A statement indicating what hazardous materials will be used and stored on the site and how those materials will be stored.
(10) 
A statement indicating how the wind energy facility will be lit, if applicable.
(11) 
A shadow flicker model for any proposed large wind energy system, to include a description of the zones where shadow flicker will likely be present within the project boundary and a one-half-mile radius beyond the project boundary, the expected durations of the flicker at these locations and the calculation of the total number of hours per year of flicker at all locations.
(12) 
Photo exhibits visualizing the proposed wind energy system.
C. 
The applicant shall also provide copies of the proof of a certificate of authority from the Public Service Commission of Wisconsin and the Public Service Commission of Wisconsin Environmental Assessment, if applicable.
D. 
Except as provided in Subsection E below, the landowner where a wind energy system will be located shall provide a performance bond, completion bond, or other financial assurance that guarantees the performance of the removal of the wind energy system and site restoration in accordance with § 513-30. Said bond shall be provided at the rate equivalent to one tower per year.
E. 
For each large wind energy system, the applicant shall submit a decommissioning plan which shall describe how the site shall be restored when the facility is no longer in operation in accordance with § 513-30. The plan shall be updated and resubmitted every 10 years and shall include:
(1) 
The anticipated life of the wind energy system.
(2) 
The estimated decommissioning costs in current dollars.
(3) 
How said estimate was determined.
(4) 
The method of ensuring that the funds will be available for decommissioning and restoration.
(5) 
The manner in which the wind energy system will be decommissioned and the site restored, in accordance with § 513-30.
F. 
For large wind energy systems, a site grading, erosion control and stormwater drainage plan will be submitted. At the Town's discretion, these plans may be reviewed by a Town-selected engineering firm. The cost of this review will be the responsibility of the owner of the wind energy facility.
G. 
A certificate of insurance with a minimum of $2,000,000 liability coverage per incidence, per occurrence shall be required. Each renewal period will require a copy of certificate of insurance be provided to the Town of Buchanan. An expired insurance certificate or an unacceptable liability coverage amount is grounds for revocation of the permit. The insurance afforded to the Town as an additional insured shall be primary insurance and not excess over or contributing with any insurance purchased or maintained by the Town.
H. 
The Town of Buchanan shall require an irrevocable letter of credit, bond, cash escrow and/or personal guarantee held in trust in favor of the Town of Buchanan to recover the costs associated with removal of a terminated wind energy facility and appurtenant facilities. The amount shall be negotiated by the Town of Buchanan prior to permit approval and shall remain in effect until released by the Town. The Buchanan Town Board will determine which method will be allowed.
I. 
The Town may require additional conditions and information to ensure safety and proper land use fit to the surrounding area.
J. 
No action will be taken on an application until the completed application and all supporting documentation is received by the Plan Commission.
A. 
All applicants shall also submit a site plan containing the following:
(1) 
A map, drawn to scale, with said scale no smaller than one inch equaling 100 feet, identifying the proposed site. Said map should include the location of:
(a) 
All public roads.
(b) 
Existing buildings and structures within a one-half-mile radius, including residences, schools, hospitals, churches, businesses and public libraries.
(c) 
All sewer service planning areas and incorporated municipal boundaries within a one-half-mile radius.
(d) 
Karst features, including sinkholes and visible cracks, in the ground or rock surface on the proposed site. (Said Karst information must be provided by a professional geologist, licensed professional engineer, or the Plan Commission's designee.)
(e) 
All property lines.
(f) 
All communication and electrical lines.
(g) 
Location of microwave signal paths within a one-half-mile radius (see § 513-11).
(h) 
All proposed wind energy facilities.
(2) 
The scale and a North arrow on the map.
(3) 
Descriptions of a bench mark on the proposed site, including elevations expressed in feet and tenths of feet.
(4) 
Ground contour (two-foot maximum intervals) on the proposed site with spot elevations, including land slope around the proposed site, for a minimum of 100 feet.
(5) 
Location of existing and proposed electrical overhead and underground electrical lines.
B. 
Wind energy systems may not include offices, vehicle storage or other outdoor storage. One accessory building may be permitted per wind turbine, at Town Board discretion. The size and location of any proposed accessory building shall be shown on the site plan. No other structure or building is permitted unless used for the express purpose of the generation of electricity.
C. 
Any recorded access easement across private lands to a wind energy facility shall, in addition to naming the owner as having access to the easement, also name the Town of Buchanan as having access to the easement for purpose of inspection or decommissioning with twenty-four-hour advance notice to the property owners and wind energy facility owner.
D. 
Prior to beginning construction, all applicants shall file with the Plan Commission a final site plan, which shall also be provided in digital form such as a portable document format (PDF), microstation (DGN format), autocad (DWG format), or GIS format. The applicant shall also submit a copy of all as-built plans, including structural engineering and electrical plans for all towers following construction, to the Town to use for removal of a large wind energy facility should owner or its assigns fail to meet the requirements of this chapter.
A. 
Wind energy facility shall be a nonreflective, nonobtrusive color, such as grey, white or off-white.
B. 
At a wind energy facility site, the design of the buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the wind energy system(s) to the natural setting and the existing environment.
C. 
Wind energy facility shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
D. 
Wind energy facility shall not be used for displaying any advertising except for reasonable identification and the manufacturer or operator of the wind energy system(s) and appropriate warning signs.
E. 
Electrical controls and control wiring and powerlines shall be wireless or not above ground except where wind energy facility collector wiring is brought together for connection to the transmission or distribution network adjacent to that network.
F. 
Owner is responsible for properly maintaining all landscaping, including grass cutting.
A. 
The noise generated by the operation of a wind energy system may not exceed the ambient noise level by more than 50 dBA, as measured at any point on property adjacent to the parcel on which the wind energy facility is located. The noise level generated by the operation of a wind energy facility will be determined during the investigation of a noise complaint by comparing the sound level measured when the wind generator blades are rotating to the sound level measured when the wind generator blades are stopped.
B. 
In the event audible noise to wind energy facility operations contains a steady, pure tone, such as a whine, screech or hum, the standards for audible noise set forth in Subsection A of this section shall be reduced by five dBA. A pure tone is defined to exist if the 1/3 octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels of the two contiguous 1/3 octave bands by five dBA for center frequencies of 500 Hz and above, by eight dBA for center frequencies between 160 Hz and 400 Hz, or by 15 dBA for center frequencies less than or equal to 125 Hz.
C. 
In the event the ambient noise level (exclusive of the development in question) exceeds the applicable standard given above, the applicable standard shall be adjusted so as to equal the ambient noise level. The ambient noise level shall be expressed in terms of highest whole number sound pressure level in dBA which is exceeded for more than five minutes per hour. Ambient noise levels shall be measured at the exterior of potentially affected existing residences, schools, hospitals, churches and public libraries. Ambient noise level measurement techniques shall employ all practical means of reducing the effect of wind-generated noise at the microphone. Ambient noise level measurements may be performed when wind velocities at the proposed project site are sufficient to allow wind energy facility operation, provided that the wind velocity does not exceed 30 miles per hour at the ambient noise measurement location.
D. 
Any noise level falling between two whole decibels shall be the lower of the two.
E. 
In the event the noise levels resulting from the wind energy facility exceed the criteria listed above, a waiver to said levels may be granted by the Code Administrator, provided that the following has been accomplished:
(1) 
Written consent from the affected property owners has been obtained stating that they are aware of the wind energy facility and the noise limitations imposed by this chapter and that consent is granted to allow noise levels to exceed the maximum limits otherwise allowed; and
(2) 
If the applicant wishes the waiver to apply to succeeding owners of the property, a permanent noise impact easement has been recorded in the Office of the Outagamie County Register of Deeds which describes the benefited and burdened properties and which advises all subsequent owners of the burdened property that noise levels in excess of those permitted by this chapter may exist on or at the burdened property.
F. 
The burden of proof that a wind energy facility is exceeding the allowed decibel levels shall be the responsibility of the party making such allegations.
G. 
It is understood that small wind energy systems occasionally exceed these limits during power outages. The above regulations shall not apply to small wind energy systems during power outages or storm occurrences.
H. 
Wind energy systems shall have a posting directly on the system or in close proximity stating the owner of the system and contact information, including name and a phone number. This shall be provided to allow individuals to report noise or other complaints directly to the owner of the system.
The applicant shall minimize or mitigate any interference with communications, such as electromagnetic and microwave, and including radio, telephone or television signals, caused by any wind energy system. If the applicant is a public utility, § PSC 113.0707, Wis. Adm. Code, also applies.
A. 
All wiring between wind energy system(s) and the wind energy system substation shall be underground.
B. 
All wind energy system(s) shall be reasonably protected from unauthorized access up to 15 feet above ground level and must be located inside the tower.
C. 
All access to doors to wind energy system(s) and electrical equipment shall be secured to prevent unauthorized access. All substations shall be fenced to prevent public access.
D. 
Appropriate warning signage shall be placed on wind energy system(s), electrical equipment, and wind energy system entrances.
E. 
No blasting shall occur in connection with the construction of the facility unless the owner has provided prior notification to the property owner, any abutting property owners, property owners within 1,500 feet of the blasting site, and the Town Board. All blasting shall be done in accordance with all applicable laws and regulations.
F. 
The large wind energy facility owner/operator shall ensure that ice from the wind turbine blades does not impact any nonparticipating landowner's property.
G. 
The owner/operator of a large wind energy facility shall provide qualified personnel to conduct training sessions to emergency responders when requested by the Town Board.
H. 
The owner/operator of a large wind energy facility shall provide a company representative to accompany the local Fire Department Inspector during site visits. The owner/operator of the facility shall comply with all applicable laws regarding those inspections.
The owner of a large wind energy system must take reasonable steps as are necessary to prevent, mitigate or eliminate shadow flicker on any residence located within 1/2 mile.
A. 
Large wind energy facilities may only be constructed in areas zoned agriculture with an approved permit and building permit from the Town of Buchanan.
B. 
Small wind energy facilities may be constructed in all zoning areas except commercial with an approved permit and building permit from the Town of Buchanan.
C. 
No grading, filling or construction may begin until the Code Administrator issues a building permit. A separate building permit is required for each wind turbine to be constructed.
Owners shall reimburse the Town's actual reasonable fees and costs incurred in the preparation, negotiation, administration and enforcement of the permit, including, without limitation, the Town's attorneys' fees, engineering consultant fees, meeting/hearing fees and the costs of public notices. Fees are payable within 30 days of invoice. Unpaid invoices shall bear interest at the rate of 1% per month until paid. The Town may recover all reasonable cost of collection, including attorneys' fees.
In addition to indemnification described within this chapter, the owner shall reimburse the Town its reasonable attorney's fees incurred in defending any legal actions brought by third parties challenging the legality or enforceability of a permit. If the Town seeks reimbursement, it shall notify the owner in writing promptly upon discovering any claim entitling it to a land use defense reimbursement, but in no event later than 60 days after receiving written notice of any action, lawsuit, proceeding, investigation or other claim against it which may give rise for a land use defense reimbursement.