[HISTORY: Adopted by the Village Board of the Village of
Belleville as Title 10, Ch. 4, of the 1994 Code. Amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 615.
A.
The Village Board finds that:
(1)
Diminishing supplies of nonrenewable energy resources threaten the
physical and economic well-being of the residents of this community
who presently rely on such resources to maintain their homes, industries,
businesses and institutions;
(2)
Solar energy systems hold great promise for the future energy needs
of this community because they use a renewable energy resource; because
they require less capital, land, water and other resources needed
for central-station generation of electricity; and because they do
not pollute the community's water and air; and
(3)
The successful use of solar energy systems for such purposes as supplying
space heating, water heating or the production of electricity is dependent
upon sufficient access to direct sunlight.
B.
This chapter is adopted under authority contained in § 66.0403,
Wis. Stats., for the purpose of protecting the health, safety and
general welfare of the community by:
The following definitions shall be applicable in this chapter:
The Village of Belleville Building Inspector.
An owner applying for a permit under this chapter.
An application for a permit under this chapter.
Any part of a solar collector that absorbs solar energy for
use in the collector's energy transformation process. "Collector
surface" does not include frames, supports and mounting hardware.
From 9:00 a.m. to 3:00 p.m. standard time daily.
A blockage of solar energy from a collector surface or a proposed collector surface for which a permit has been granted under this chapter during a collector use period, if such blockage is by any structure or vegetation on property an owner of which was notified under § 442-3F. "Impermissible interference" does not include:
Blockage by a narrow protrusion, vegetation, or other object
which never obstructs more than 5% of the solar energy which would
strike a solar collector during the collector use period on any given
day.
Blockage by any structure constructed, under construction or for which a building permit has been applied for before the date the last notice is mailed or delivered under § 442-3F.
Blockage by any vegetation planted before the date the last notice is mailed or delivered under § 442-3F.
Blockage by any structure or vegetation which obstructs less
solar energy from a solar collector during the collector use period
than would be obstructed by a six-foot-high wall located along the
northern boundaries of the property to the south of the solar collector.
At least one owner, as defined under § 66.0217(1)(d),
Wis. Stats., of a property or the personal representative of at least
one owner.
A solar access permit issued under this chapter.
A device, structure or part of a device or structure a substantial
purpose of which is to transform solar energy into thermal, mechanical,
chemical or electrical energy.
Direct radiant energy received from the sun.
A.
Permit jurisdiction. Any owner who has installed or intends to install
a solar collector may apply to the agency for a permit. A permit may
affect any land located within the territorial limits of the Village
or which is subject to an extraterritorial zoning ordinance unless
the extraterritorial land is subject to a zoning ordinance adopted
by a county or town.
B.
Application. An application for a permit under this chapter may be
obtained from the Village Clerk/Treasurer and shall be completed by
the applicant.
C.
Informal preapplication meeting. Prior to the filing of an application,
the applicant shall meet with the Building Inspector to discuss the
application and the permit process.
D.
Application fee. The completed permit application shall be submitted
to the Village Clerk/Treasurer with the required application fee.
E.
Review of application. The agency shall review the application to determine if it is satisfactorily completed. The agency shall notify the applicant of this determination within 30 days after the application has been filed and the application fee received. If the agency determines that the application is satisfactorily completed, the agency shall provide notice forms and receipt forms to the applicant for service and signing under Subsection F.
F.
Service of notice. If an applicant is notified that an application
has been satisfactorily completed, the applicant shall deliver, by
certified mail or by hand, the notice, supplied by the agency, to
the owner of any property which the applicant proposes to be restricted
by the permit. The applicant shall submit to the agency a copy of
a signed receipt for every notice delivered under this subsection.
G.
Contents of notice. The information on the notice form shall include:
(1)
The name and address of the applicant and the address of the land
upon which the solar collector is or will be located.
(2)
That an application has been filed by the applicant.
(3)
That the permit, if granted, may affect the rights of the notified
owner to develop his or her property and to plant vegetation.
(4)
That any person who received a notice may request a hearing under § 442-4 within 30 days after receipt of the notice.
(5)
The procedure for filing a hearing request and telephone number,
address and office hours of the agency.
Within 30 days after receipt of the notice under § 442-3F, any person who has received a notice, or anyone acting on that person's behalf, may file a request for a hearing on the granting of a permit, or the agency may determine that a hearing is necessary even if no such request is filed. If a request is filed or if the agency determines that a hearing is necessary, the agency shall conduct a hearing on the application within 90 days after the last notice is delivered. At least 30 days prior to the hearing date, the agency shall notify the applicant, any person who has requested a hearing under this section, all owners notified under § 442-3F, and any other person filing a request of the time and place of the hearing.
A.
Determination. The agency shall grant a permit if the agency determines
that:
(1)
The granting of a permit will not unreasonably interfere with the
orderly land use and development plans of the Village;
(2)
No person has demonstrated that he or she has present plans to build a structure that would create an impermissible interference by showing that he or she has applied for a building permit prior to receipt of a notice under § 442-3F, has expended at least $500 on planning or designing such a structure, or by submitting any other credible evidence that he or she has made substantial progress toward planning or constructing a structure that would create an impermissible interference;
(3)
The benefits to the applicant and the public will exceed any burdens;
and
(4)
No person has demonstrated that the granting of a permit would cause
an undue hardship in using his or her property in a manner consistent
with existing zoning regulations and neighboring property uses.
B.
Conditions.
(1)
The agency may grant a permit subject to any condition or exemption
the agency deems necessary to minimize the possibility that the future
development of nearby property will create an impermissible interference
or to minimize any other burden on any person affected by granting
the permit. Such conditions or exemptions may include but are not
limited to restrictions on the location of the collector and requirements
for the compensation of persons affected by the granting of the permit.
(2)
As a condition of receiving a permit, the permit holder shall be
responsible for the cost of trimming (preexisting) vegetation on property
affected by the permit to prevent an impermissible interference. The
permit holder shall give consideration to the desires of the property
owner in trimming such vegetation and shall not unnecessarily remove
vegetation which does not or will not in a reasonable period of time
create an impermissible interference.
Any person aggrieved by a decision under this chapter may appeal
the decision by making a written request to the agency within 10 days
of the decision. The decision shall be reviewed by the Zoning Board
of Appeals.
If the agency grants a permit:
A.
The agency shall specify the property restricted by the permit and shall prepare notice of the granting of the permit. The notice shall include the legal description pursuant to § 706.05(2)(c), Wis. Stats., for the property upon which the solar collector is or will be located and for any property restricted by the permit and shall indicate that the property may not be developed and vegetation may not be planted on the property so as to create an impermissible interference with the solar collector which is the subject of the permit unless the permit affecting the property is terminated or unless a waiver agreement affecting the property is recorded under § 442-9.
C.
The agency shall note the location of any solar collector which is
the subject of a permit on a map showing the location of all solar
collectors for which permits have been granted and shall identify
on the map all properties which are subject to restrictions resulting
from the granting of a permit.
The holder of a permit granted under this chapter is entitled
to access to sunlight for the solar collector subject to any conditions
or exemptions in the permit and may seek damages for any loss caused
by an impermissible interference or an injunction to prevent an impermissible
interference as provided under § 66.0403(7), Wis. Stats.
A permit holder by written agreement may waive all or part of any right protected by a permit. A copy of such agreement shall be recorded with the Register of Deeds, who shall record such copy with the notice recorded under § 442-7B.
A.
Any rights protected by a permit under this chapter shall terminate
if the agency determines that the solar collector which is the subject
of the permit is:
B.
The agency shall give the permit holder written notice and an opportunity for a hearing on a proposed termination under Subsection A.
C.
If the agency terminates a permit, the agency shall record a notice
of termination with the Register of Deeds. The agency may charge the
permit holder for the cost of recording.
The transfer of title to any property shall not change the rights
and duties provided by a permit granted under this chapter.
