A.
A wind energy siting permit may be revoked if, after the notice and correction provisions of § 513-6 have been met:
(1)
The applicant fails to comply with conditions of the
wind energy siting permit, this chapter, and approved site plan;
(2)
The Code Administrator deems the wind energy facility
has not been property maintained and poses a threat to health or safety;
(3)
If substantial progress has not been made towards
the completion of a wind energy facility within 24 months after issuance
of the permit or in accordance with the timeline approved by the Code
Administrator; upon request of an applicant, for good cause, the Code
Administrator may grant an extension of time;
(4)
If the wind energy facility authorized by permit is
not completed within 36 months of permit issuance or in accordance
with the timeline by the Code Administrator; upon request of an applicant,
for good cause, the Code Administrator may grand an extension of time;
or
(5)
The wind energy site has been abandoned. Any wind
energy turbine or facility that does not produce energy for a continuous
period of 12 months, excluding time spent on repairs or improvements,
shall be considered abandoned and shall be removed in accord with
the provisions of this chapter.
B.
Revocation process:
(1)
The Plan Commission shall hold a hearing to determine
whether the permit should be revoked. The applicant shall be given
notice of the time and date of the hearing. The Plan Commission shall
receive testimony; the applicant will be permitted to provide evidence
as well. The Plan Commission shall issue a written decision based
on substantial evidence.
C.
Notwithstanding any other provision, the Code Administrator
may immediately suspend a wind energy siting permit in case of an
imminent substantial health or safety issue only for the length of
time necessary to remedy the substantial health or safety issue. The
applicant shall have the right to request a review hearing with the
Plan Commission within 48 hours of the Code Administrator's decision
to immediately suspend a wind energy siting permit.
D.
To the extent applicable, the large wind energy facility
shall comply with all applicable building codes and standards. To
ensure the integrity of the wind turbines, the owner shall maintain
the wind turbines in compliance with good utility practice for wind
turbines. If upon inspection by and advice to such effect from a qualified
expert in good utility practice the Town reasonably concludes that
any of the wind turbines fail to comply with good utility practice
or constitute a danger to persons or property, then, upon notice being
provided to the owner, the owner shall have 90 days to bring the noncompliant
wind turbines into compliance with such standards or, if the 90 days
is insufficient time to cure the noncompliance, the owner will present
a plan to the Town describing the reason for the delay and the time
frame for the cure to be put in place.
A.
Any person aggrieved by the decision of the Code Administrator
or Plan Commission may appeal the decision to the Town of Buchanan
Board of Appeals.
[Amended 11-13-2018 by Ord. No. 2018-08]
B.
"Any person aggrieved" shall include the applicant,
developer, or any person who resides or owns land within 1/2 mile
of the proposed wind energy facility.
C.
All appeals must be filed within 30 days of issuance,
denial or revocation of the wind energy siting permit. The Code Administrator
shall file a certified copy of the record with the Board of Appeals
within 30 days of the receipt of the notice of appeal. The record
shall include all documents and information relied upon by the Code
Administrator or Plan Commission in making the decision to grant,
deny or revoke the wind energy siting permit.
[Amended 11-13-2018 by Ord. No. 2018-08]
D.
The review by the Board of Appeals shall be limited
to a review of the record of the Code Administrator/Plan Commission.
The basis of the appeal shall be limited to whether the Code Administrator/Plan
Commission correctly applied § 66.0401, Wis. Stats., and
the provisions of this chapter.
[Amended 11-13-2018 by Ord. No. 2018-08]
E.
The Board of Appeals may affirm, reverse or remand
back to the Code Administrator/Plan Commission.
[Amended 11-13-2018 by Ord. No. 2018-08]
F.
Nothing in this section shall be construed as limiting
an aggrieved person's right to a certiorari review in Circuit Court
as permitted by Wisconsin law.
A.
The applicant shall notify the Plan Commission at
least five working days before construction begins.
B.
The applicant shall be responsible to provide, during
construction, a licensed electrical engineer, who shall make periodic
inspections as necessary in order to determine that construction is
completed in accordance with the National Electrical Safety Code and
all applicable federal and state electrical requirements, and who
shall, within five working days of completion of the wind energy facility,
complete and file with the Plan Commission a certificate of compliance,
stating that the wind energy facility meets all federal and state
electrical requirements.
C.
Within five working days of completion of the wind
energy facility, the applicant shall certify in writing that the facility
was built and installed according to the approved application and
final site plan.
The applicant shall not modify the approved
application final site plan without written permission from the Code
Administrator.
The application fee shall be determined by the
Town Board. Said fees shall be nonrefundable.
A.
The landowner of the wind energy facility under this
chapter shall notify the Town of Buchanan Plan Commission when the
facility is no longer in operation. Within 12 months of cessation
of operations, unless the Code Administrator approves a time extension
if the owner provides good cause, the following shall occur:
(1)
All obsolete, damaged, unused or abandoned wind energy
systems and accessory facilities shall be removed;
(2)
All foundation, pads and underground electrical wires
shall be removed to a depth of four feet below the surface of the
ground;
(3)
All hazardous materials shall be removed from the
property and disposed of in accordance with federal and state laws.
Said removal shall be the responsibility of the landowner where the
wind energy facility is located; and
(4)
Any access roads shall be removed, cleared and graded
by the owner, unless the property owner wants to keep the access road.
The Town of Buchanan will not be assumed to take ownership of any
access road unless through official action of the Town Board.
A.
Any wind-generation facility, turbine or appurtenant
facility hereinafter significantly erected, moved or structurally
altered in violation of the provisions of this chapter by any person,
firm, association, corporation (including building contractors) or
his or their agent shall be deemed an unlawful structure.
B.
Any wind-generation facility that does not meet the
requirements of this chapter, including, but not limited to, those
dealing with noise or visual appearance, or does not meet the conditions
attached to an approved permit shall provide grounds for revocation
of the permit, thereby deeming the facility an unlawful structure.
C.
The Code Administrator shall report all such violations
to the Town Board, who may then refer the matter to the Town Attorney
to bring action to enjoin the erection, moving or structural alteration
of such facility or to cause such facility to be vacated or removed.
D.
Any person, firm, corporation, agent, employee or
contractor of such, who violates, destroys, omits, neglects or refuses
to comply with or who resists enforcement of any provision of this
chapter; shall, upon conviction thereof, forfeit no less than $1,000
and not more than $10,000 per offense together with the costs of prosecution.
Each violation and each day of violation shall constitute a separate
offense.
