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:
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.
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 (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.
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.
(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.
(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;
[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.
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.