[HISTORY: Adopted by the Town Board of the Town of New Glarus 7-1-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 15.
Fees — See Ch. 55.
Land division and subdivision — See Ch. 110.
Towers and wireless communications facilities — See Ch. 200.
The purpose of this chapter is to provide a regulatory scheme for the construction and operation of wind energy systems in the Town of New Glarus, Green County, subject to reasonable restrictions required to preserve public health and safety. Such systems shall be regulated subject to this chapter and Green County Ordinance, Chapter 11, or its legal revision.
As used in this chapter, the following terms shall have the meanings indicated:
AMBIENT NOISE LEVEL
The background noise level prior to installing the wind energy system.
COMMERCIAL WES
WES whose primary function is to generate power for off-site consumption.
COMMITTEE
Town of New Glarus Land Planning Committee.
FAA
The Federal Aviation Administration.
HUB HEIGHT
When referring to a wind turbine, the distance measured from ground level to the center of the turbine hub of a wind energy system.
INTERMEDIATE WIND ENERGY SYSTEMS (IWES)
Multiple wind turbines with nameplate capacity of one or more turbines at 10 KW or greater and/or whose tower height(s) exceed 75 feet but whose turbine(s) nameplate capacity is less than 100 KW and/or whose tower height(s) do not exceed 170 feet.
MAJOR WIND FARMS (MWF)
Multiple wind turbines where one or more turbine(s) have nameplate capacity of 100 KW or higher and/or where one or more turbine height(s) is 170 feet or greater.
MET TOWER
A meteorological tower used for the measurement of wind speed.
PERSONAL WIND ENERGY SYSTEM (PWES)
Wind turbines with nameplate capacity less than 10 kilowatts or less and under 75 feet in total height are personal wind energy systems and shall be limited to one for each property.
RESIDENTIAL DEVELOPMENT
Clusters of two or more residential dwellings.
TOTAL HEIGHT
When referring to a wind turbine, the distance measured from ground level to the blade extended at its highest point.
TOWN BOARD
Town Board for the Town of New Glarus, Green County, Wisconsin
WIND ACCESS PERMIT
A wind access permit within the meaning of Wis. Stats. § 66.0403 or any successor statute.
WIND ENERGY SYSTEM SITING PERMIT
A construction and operating permit granted in accordance with the provisions of this chapter.
WIND ENERGY SYSTEM (WES)
An electricity-generating facility consisting of one or more wind turbines under common ownership or operating control, and may include substations, MET towers, cables/wires and other buildings accessory to such facility, whose main purpose is to supply electricity to off-site customer(s) or to individual system owners/property owners.
WIND TURBINE
A wind energy conversion system which converts wind energy into electricity through the use of a wind turbine generator, and includes the turbine, blade, tower, base and pad transformer, if any and other related equipment.
Wind energy systems may be constructed in all areas of the Town of New Glarus, with the exception of open space areas designated for cluster development and pursuant to this chapter, Chapter 110, and Green County Ordinance Chapter 11. Chapter XVI of the Village of New Glarus Extraterritorial Zoning Ordinance shall also apply in Extraterritorial Zoning Area. All applications for commercial WES shall show evidence of application for a wind access permit from appropriate agency per s. 66.0403.
The requirements of this chapter shall apply to all wind energy systems proposed after the effective date of this chapter. Wind energy systems for which a required permit has been properly issued prior to the effective date of this chapter shall not be required to meet the requirements of this chapter; provided, however, that any such preexisting wind energy system which does not provide energy for a continuous period of 12 months shall meet the requirements of this chapter prior to recommencing production of energy. However, no modification or alteration to an existing wind energy system shall be allowed without full compliance with this chapter including issuance of a permit and payment of fees.
A. 
Lighting; power lines; emergency services:
(1) 
Wind energy systems shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
(2) 
Wind turbines shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind energy system.
(3) 
Electrical controls and control wiring and power lines shall be wireless or not above ground except where wind farm collector wiring is brought together for connection to the transmission or distribution network, adjacent to that network.
(4) 
The owner of the wind energy system shall reimburse the Town of New Glarus for providing emergency services including the cost of responding to each incident at the facility. In addition, the owner of the wind energy facility shall provide, at their expense, any specialized training and equipment required to provide emergency services. Fees for emergency service shall be per Fee Schedule as approved by the Town Board.[1]
[1]
Editor's Note: See Ch. 55, Fees.
B. 
Setbacks. The following setbacks and separation requirements shall apply to all wind turbines; provided, however, that the Committee may reduce the standard setbacks and separation requirements if the intent of this chapter would be better served thereby.
(1) 
Inhabited structures.
(a) 
Wind turbine for PWES shall be set back from the nearest residence, school, hospital, church, public library or public building, a distance no less than two times its total height.
(b) 
Wind turbines for commercial IWES and MWF shall be set back from the nearest residence, school, hospital, church, public library or public building, a distance no less than 2000 feet.
(2) 
Property lines. Each wind turbine shall be set back from the nearest property line a distance no less than 1.1 times its total height, unless appropriate easements are secured from adjacent property owners, or other acceptable mitigation is approved by the Committee.
(3) 
Public roads. Each wind turbine shall be set back from the nearest public road a distance no less than 1.1 times its total height, determined at the nearest boundary of the underlying right-of-way for such public road.
(4) 
Communication and electrical lines. Each wind turbine shall be set back from the nearest aboveground public electric power line or telephone line a distance no less than 1.1 times its total height, determined from the existing overhead power line or telephone line.
(5) 
Commercial WES. IWES or MWF systems shall not be located within 1/2 mile from residential developments, or potential residential developments.
C. 
Noise.
(1) 
Compliance with noise regulations required. A commercial wind energy facility permit shall not be granted unless the applicant demonstrates that the proposed project complies with all noise regulations.
(2) 
Noise study required. Applicant shall submit a noise study based on the requirements set out in the application section. The Committee shall determine the adequacy of the noise study and, if necessary, may require further independent study at the expense of the applicant, at time of initial application or after complaint is received.
(3) 
Noise setbacks. The Committee may impose a noise setback that exceeds the other setbacks set out in this chapter if it deems that such greater setbacks are necessary to protect the public health and safety of the community.
(4) 
Audible noise standard. The audible noise standard due to wind turbine operations shall not be created which causes the noise level at the boundary of the proposed project site to exceed 45 dB(A) for more than five minutes out of any one-hour time period or to exceed 50 dB(A) for any time period.
(5) 
Low-frequency noise or infrasound noise. Low-frequency noise or infrasound noise from wind turbine operations shall not be created which causes the noise level at the boundary of the proposed project site to exceed the following limits:
1/3 Octave Band
Center Frequency (Hz)
Sound Pressure Level
(dB)
2 to 1
70 (each band)
20
68
25
67
31.5
65
40
62
50
60
63
57
80
55
100
52
125
50
(6) 
Pure tone penalty. In the event audible noise due to wind turbine operations contains a steady pure tone, such as a whine, screech, or hum, the standards for audible noise shall be reduced by five dB(A). A pure tone is defined to exist when the one-third octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels on the two contiguous one-third octave bands by five dB(A) for center frequencies of 500 Hz and above, and eight dB(A) for center frequencies less than or equal to 125 Hz.
(7) 
Repetitive, impulsive sound penalty. In the event the audible noise due to wind turbine operations contains repetitive impulsive sounds, the standards for audible noise shall be reduced by five dB(A).
(8) 
Pure tone and repetitive, impulsive tone penalty. In the event the audible noise due to wind turbine operation contains both a pure tone and repetitive impulsive sounds, the standards for audible noise shall be reduced by a total of five dB(A).
(9) 
Operations: low-frequency noise. A commercial wind energy facility shall not be operated so that impulsive sound below 20 Hz adversely affects the habitability or use of any dwelling unit, hospital, school, library, nursing home, or other sensitive noise receptor.
(10) 
Noise complaint and investigation process required. Applicant shall submit a noise complaint and investigation process based on the requirements set out in the application section. The Planning Commission shall determine the adequacy of the noise complaint and investigation process.
(11) 
Any noise level falling between two whole decibels shall be the lower of the two.
(12) 
In the event the noise levels resulting from the wind energy system exceed the criteria listed above, a waiver to said levels may be granted by the Committee provided that the following has been accomplished:
(a) 
Written consent from the nonapplicant, affected property owners has been obtained stating that they are aware of the wind energy system 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
(b) 
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 Town of New Glarus and Green 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.
D. 
Minimum ground clearance. The blade tip of any wind turbine shall, at its lowest point, have ground clearance of no less than 75 feet except for personal WES, which minimum ground clearance shall be 40 feet.
E. 
Signal interference. The applicant shall minimize or mitigate any interference with communication facilities, such as radio, cell tower systems, and telephone or television signals caused by any wind energy system. (If the applicant is a public utility, s. PSC 113.0707 also applies.) Disturbances shall be reduced to the satisfaction of the affected parties and the Committee.
F. 
Safety.
(1) 
All wiring between wind turbines and the wind energy system substation shall be underground.
(2) 
Wind turbine towers shall not be climbable up to 15 feet above ground level.
(3) 
All access doors to wind turbine towers and electrical equipment shall be lockable and locked during unattended times.
(4) 
Appropriate warning signage shall be placed on wind turbine towers, electrical equipment, and wind energy system entrances.
(5) 
The Committee may require that wind energy system sites be enclosed by security fencing and be equipped to deter the general public from obtaining access to the site. All access gates, doors and cabinets to wind turbine towers and electrical equipment shall be lockable and locked when not attended.
G. 
Road repair. The applicant, its heirs or assigns shall reimburse the Town for all costs incurred for engineering, attorneys or other consultants, repair of damage or replacement of roads damaged due to initial construction, maintenance or reclamation of WES projects.
Every application for a commercial wind energy facility shall be made in writing to the Committee on forms provided by the Clerk and shall be accompanied by the filing fee set forth in the Fee Schedule of the Town of New Glarus. The permit application shall include the following information:
A. 
Applicant: name and address of the applicant.
B. 
Proof of permission: evidence that the applicant is the owner of the property involved or has the written permission of the owner to make such an application.
C. 
Site plan: a plot or development plan drawn in sufficient detail to clearly describe the following:
(1) 
Physical dimensions of the property, existing structures and proposed structures.
(2) 
Location of existing and proposed structures.
(3) 
Location of electrical lines and facilities.
(4) 
Existing topography.
(5) 
Proposed plan for grading and removal of natural vegetation.
(6) 
Proposed plan for site restoration after construction.
(7) 
Wind characteristics and dominant wind direction in the direction from which 50% or more of the energy contained in the wind flows.
(8) 
Proposed setbacks.
(9) 
Methods of circulation.
(10) 
Plan for ingress and egress to the proposed project site identifying the following factors:
(a) 
Location and distance to the nearest state, county and/or Town-maintained road(s);
(b) 
A description of the access route from the nearest state, county and/or Town-maintained road(s) to include:
[1] 
Road surface material stating the type and amount of surface cover;
[2] 
Width and length of access route;
[3] 
Dust control procedures;
[4] 
A road maintenance schedule or program;
[5] 
Utilization of the property under the requested permit.
(11) 
Land use maps: a location map to scale of the planned land uses (based on the current land use plan) within two miles of the boundary of the property upon which the commercial wind energy facility is to be located.
(12) 
Zoning maps: a location map to scale of the existing zoning districts including all dwellings within two miles of the boundary of the property upon which the commercial wind energy facility is to be located.
(13) 
Sensitive environmental resources maps: a location map to scale of identifying the sensitive environmental resources that are located in the vicinity of the proposed project site, including but not limited to endangered or threatened fish, wildlife or plant species or their critical habitats, and other significant habitats identified in the Town of New Glarus Comprehensive Plan, regional planning commission plans or studies, Natural Heritage Inventory, Wisconsin Breeding Bird Atlas and similar authoritative sources. The map shall include all sensitive environmental areas within at least five miles of the proposed project site. The Committee may require additional studies.
(14) 
Wind access agreements: evidence that the applicant has negotiated with adjacent landowners and has obtained written agreements with all landowners that could potentially interfere with the applicant's access to the wind.
(15) 
Turbine information: specific information on the type, size, height, rotor material, rated power output, performance, safety, and noise characteristics of each commercial wind turbine model, tower and electrical transmission equipment.
(16) 
Turbine drawings: photographs or detailed drawings of each wind turbine model including the tower and foundation.
(17) 
Computer simulation or drawings: one or more detailed computer or photographic simulation drawings showing the site fully developed with all proposed wind turbines and accessory structures.
(18) 
Noise report. A noise report that shall, at a minimum, include the following:
(a) 
A description and map of the project's noise-producing features, including the range of noise levels expected, and the tonal and frequency characteristics expected, and the basis of the expectation;
(b) 
A description and map of the noise-sensitive environment, including any sensitive noise receptors, i.e., residences, hospitals, libraries, schools, places of worship and other facilities where quiet is important, within two miles of the proposed facility;
(c) 
A list of the applicable noise laws, plans and ordinances;
(d) 
A survey and report prepared by a qualified engineer that analyzes the preexisting ambient noise regime (including seasonal variation), including but not limited to separate measurements of low-frequency and A-weighted noise levels across a range of wind speeds (including near cut-in), turbulence measurements, distance from the turbines, location of sensitive receptors relative to wind direction; and analyses at affected sensitive receptors located within two miles of the proposed project site. Potential sensitive receptors at relatively less windy or quieter locations than the project should be emphasized;
(e) 
A description and map showing the potential noise impacts, including estimates of expected noise impacts upon construction and operation workers, and estimates of expected noise levels at sensitive receptor locations;
(f) 
A description and map of the cumulative noise impacts;
(g) 
A description of the projects proposed noise control features, including specific measures proposed to protect workers, and specific measures proposed to mitigate noise impacts for sensitive receptors to a level of insignificance;
(h) 
Identification of any problem areas;
(i) 
Summary of project developer's proposed noise complaint resolution program;
(j) 
Manufacturers' noise design and field testing data {both audible [dB(A)] and low-frequency (deep base vibration)} for all proposed structures;
(k) 
A report that outlines issues and considerations for individuals that use hearing aids;
(19) 
Soils report: a geotechnical report that shall, at a minimum, include the following:
(a) 
Soils engineering and engineering geologic characteristics of the site based on on-site sampling and testing;
(b) 
Foundation design criteria for all proposed structures;
(c) 
Slope stability analysis;
(d) 
Grading criteria for ground preparation, cuts and fills, soil compaction.
(20) 
Ice throw calculations: a report from a Wisconsin professional engineer that:
(a) 
Calculates the maximum distance that ice from the turbine blades could be thrown. (The basis of the calculation and all assumptions must be disclosed and the incidence of reported ice throws and the conditions reported at the time of the ice throw.)
(21) 
Blade throw calculations: A report from a Wisconsin professional engineer that calculates the maximum distance that pieces of the turbine blades could be thrown. The basis of the calculation and all assumptions must be disclosed. Include the incidence of reported blade throws within the U.S. and the conditions at the time of the blade throw.
(22) 
Catastrophic tower failure: a report from the turbine manufacturer stating:
(a) 
The wind speed and conditions that the turbine is designed to withstand (including all assumptions);
(b) 
The incidence of catastrophic failures experienced by the manufacturer and others within the U.S. within the past 10 years, and the conditions reported at the time of failure.
(23) 
Air navigation: an analysis to reduce air navigation "clutter" on airport radar facilities.
(24) 
FAA notification: a copy of written notification to the Federal Aviation Administration.
(25) 
Utility notification: utility interconnection data and a copy of a written notification to the utility of the proposed interconnection.
(26) 
Notification to microwave communications link operators: an application that includes any wind turbine which is located within two miles of any microwave communications link shall be accompanied by a copy of a written notification to the operator of the link.
(27) 
Floodplain: an application that includes any wind turbine which is located within a one-hundred-year floodplain area, as such flood hazard areas are shown on the Green County flood maps, shall be accompanied by a detailed report which shall address the potential for wind erosion, water erosion, sedimentation and flooding, and which shall propose mitigation measures for such impacts.
(28) 
Request for approval of greater height limits: if the application includes any wind turbines which requires the approval of a greater height limit pursuant to § 230-2 of this chapter, the two applications shall be filed concurrently.
(29) 
Other information: such additional information as may be reasonably requested by the Committee.
Any wind energy system that does not produce energy for a continuous period of 12 months, excluding time spent on repairs or improvements, which shall not exceed a total of six months, shall be considered abandoned. In such circumstances, the following shall apply:
A. 
The owner of such wind energy system or owner(s) of the property where the site is located shall remove said wind energy system tower, including all supporting equipment and building(s), within 60 days of receipt of notice from the Land Planning Committee notifying the owner of such abandonment. The owner of the wind energy system or owner of the property shall take appropriate site reclamation steps to a below grade depth of four feet. If removal to the satisfaction of the Land Planning Committee does not occur within said 60 days, the Town Board may order the removal and salvage said tower and all supporting equipment and building(s) at the property owner's expense. If payment is not received from property owner within 60 days of removal, the Town Board may add removal cost to property owner's property tax bill.
B. 
The applicant for a permit under this chapter shall submit a copy of a signed agreement between the property owner and owner of the wind energy system tower and supporting equipment and building(s) detailing requirements for abandonment and subsequent removal. Said agreement shall also identify that the agreement shall be binding on future property owner(s) and future owner(s) of a wind energy system tower and all supporting equipment and building(s). Said agreement shall also include the legal description of the property on which the wind energy system tower and all supporting equipment and buildings shall be located. The Town may charge the permit holder for the cost of recording said agreement with the Register of Deeds after a permit is issued. These copies of agreement shall also be provided to the Town of New Glarus at the landowner's expense.
C. 
The Town Board may require a letter of credit or a payment and performance bond for the removal of towers, buildings, abandoned power lines and equipment.
A. 
No wind energy system or wind turbine shall be constructed, located, installed, reconstructed, enlarged, or relocated, including the placement of additional buildings or other supporting equipment used in connection with the wind energy system, without first obtaining a permit. Cost for permit shall be in accordance with the Town of New Glarus Fee Schedule.[1] Permittee shall pay all fees and deposit associated with escrow amount (per Fee Schedule) with Town Clerk prior to receiving permit. Costs in excess of escrow amounts shall be billed to applicant and shall be payable within 10 days of receipt of billing.
[1]
Editor's Note: See Ch. 55, Fees.
B. 
The permit applicant shall provide the committee with plans and specifications showing the size and location of all wind turbines, buildings, MET towers, existing and planned telephone and electrical lines and other facilities as required by the Committee to show compliance with this chapter.
C. 
The Committee shall consider whether the granting of the Town of New Glarus permit will interfere with the orderly land use and development plans of the Town of New Glarus and whether the benefits to the applicant and the public will exceed any burdens. The Town Board may waive or reduce the burden on the applicant if the Town Board concludes that the purpose and intent of this chapter are better served thereby.
D. 
The Town Board may issue wind energy system land use permit only after holding a public hearing where all landowners have been notified of the public hearing date and purpose as follows:
(1) 
All landowners within 1000 feet of PWES tower to property line.
(2) 
Within two miles of IWES or MWES project property line to landowner's property line.
E. 
Fees and escrow amounts are per Town Fee Schedule as approved by the Town Board.
Permits granted by this chapter may be revoked by the Town Board if violations of this chapter are committed by the permit applicant, its heirs or assigns.
A. 
The Town Board shall notify applicant in writing immediately following Town Board actions of revocation.
B. 
The applicant shall notify the Town Clerk within 90 days of transfer of ownership of the system on the property. The transfer of title and property shall not change the rights and duties under this code.
A. 
Interpretation. In interpreting these regulations and their application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health and safety. These regulations shall be construed broadly to promote the purposes for which they are adopted.
B. 
Conflict. These regulations are not intended to interfere with abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law except as provided in these regulations. Any other provision of these regulations that imposes restrictions different from any other ordinance, rule or regulation, statute, or other provision of law, the provision that is more restrictive or imposes higher standards shall control.
C. 
Severability. If any part or provision of these regulations or the application of these regulations to any developer or circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall be rendered and shall not affect or impair the validity of the remainder of these regulations or the application of them to other developers or circumstances. The Town of New Glarus hereby declares that it would have enacted the remainder of these regulations even without any such part, provision or application which is adjudged to be invalid.