[Amended 7-23-2012 by Ord. No. 12-5]
A. Wind energy conversion systems, commonly referred to as "windmills,"
which are used to produce electrical power are permitted, provided
that the following information requirements and standards shall apply:
(1) Application. Applications for the erection of a wind energy conversion
system shall be accompanied by a plat of survey for the property to
be served showing the location of the generating facility and the
means by which the facility will provide power to structures. If the
system is intended to provide power to more than one premises, the
plat of survey shall show all properties to be served and the means
of connection to the wind energy conversion system. A copy of all
agreements with system users off the premises shall accompany the
application. The application shall further indicate the level of noise
to be generated by the system and provide assurances as to the safety
features of the system. Energy easements shall accompany the application.
(2) Construction. Wind energy conversion systems shall be constructed
and anchored in such a manner to withstand wind pressure of not less
than 40 pounds per square foot in area.
(3) Noise. The maximum level of noise permitted to be generated by a
wind energy conversion system shall be 50 decibels, as measured on
a dB(A) scale, measured at the lot line.
(4) Electromagnetic interference. Wind energy conversion system generators
and alternators shall be filtered and/or shielded so as to prevent
the emission of radio-frequency energy that would cause any harmful
interference with radio and/or television broadcasting or reception.
In the event that harmful interference is caused subsequent to the
granting of a permit, the operator of the wind energy conversion system
shall promptly take steps to eliminate the harmful interference in
accordance with Federal Communications Commission regulations.
(5) Location and height. Wind energy conversion systems shall be located
in the rear yard only and shall meet all setback and yard requirements
for the zoning district in which they are located and, in addition,
shall be located not closer to a property boundary than a distance
equal to their height. Wind energy conversion systems are exempt from
the height requirements of the Zoning Ordinance; however, all such
systems over 75 feet in height shall submit plans to the Federal Aviation
Administration (FAA) to determine whether the system is to be considered
an object affecting navigable air space and subject to FAA restrictions.
A copy of any FAA restrictions imposed shall be included as a part
of the wind energy conversion system permit application.
(6) Fence required. All wind energy conversion systems shall be surrounded
by a security fence not less than six feet in height. A sign shall
be posted on the fence warning of high voltages.
(7) Utility company notification. The appropriate electric power company
shall be notified, in writing, of any proposed interface with that
company's grid prior to installing said interface. Copies of
comments by the appropriate utility company shall accompany and be
part of the application for a permit.
(8) Compliance with Electrical Code. The electrical portion of the installation
shall comply with all provisions of the Electrical Code of the Town
adopted in § 250-7 of this Code.
(9) State law and Administrative Code adopted.
(a)
Purpose and intent. It is the intended purpose of the Town to
regulate wind energy systems to promote the health, safety, and general
welfare of the citizens of the Town and to establish reasonable and
uniform regulations for the operation thereof so as to minimize potentially
dangerous effects of these systems on the community, pursuant to the
authority granted by applicable laws.
(b)
Amendments to applicable laws and administrative rules incorporated
herein. This subsection is adopted, pursuant to § 66.0401,
Wis. Stats., the rules of the State of Wisconsin Public Service Commission,
Ch. PSC 128, Wis. Adm. Code, and other applicable state and federal
laws as they exist on the date of adoption of this subsection dealing
with wind energy systems to incorporate into this chapter § 66.0401,
Wis. Stats., the rules of the State of Wisconsin Public Service Commission,
Ch. PSC 128, Wis. Adm. Code, and other applicable state and federal
laws as they exist on the date of adoption of this subsection dealing
with wind energy systems. Nothing in this chapter shall be interpreted
to be more restrictive than the rules promulgated by the State of
Wisconsin Public Service Commission pursuant to § 196.378(4g)(b),
Wis. Stats. In the event that said laws or statutes or said Public
Service Commission rules are amended from time to time, this subsection
shall be interpreted to incorporate such amendments as are made to
the applicable laws, statutes and Public Service Commission rules
from time to time in the future.
B. Solar energy conversion systems, commonly referred to as "active"
or "passive" solar collection and heating systems and including all
systems as defined by § 13.48(2)(h), Wis. Stats., are permitted,
provided that the following information requirements and standards
shall apply:
(1) Application. Applications for the erection of a solar energy conversion
system shall be accompanied by a plat of survey for the property to
be served showing the location of the conversion system and the means
by which the energy will be provided to the structure or structures.
The application shall include calculations showing that the structure
is constructed to withstand any additional loading placed upon the
structure by the installation of the solar energy conversion system.
(2) Construction. Solar energy conversion systems shall be constructed
and installed in conformance with all applicable state and local building
and zoning codes.
(3) Location and height. Solar energy conversion systems shall meet all
setback and yard requirements for the zoning district in which they
are located. Solar energy conversion systems shall conform to all
height requirements of the zoning code unless otherwise provided in
the permit issued pursuant to this chapter.
C. Communication systems, commonly referred to as cable television disks,
dishes, or devices, are permitted, provided that the following information
requirements and standards shall apply:
(1) Applications. Application for the erection of a communication system
shall be accompanied by a plat of survey for the property on which
the system is to be located showing the location of the system and
all other improvements on the property. If the system is intended
to provide communication to more than one premises, the plat of survey
shall show all properties to be served and the means of connection
to the communication system. A copy of all agreements with the system
users of the premises shall accompany the application. The application
shall further indicate the level of noise to be generated by the system,
if any, and provide assurance as to the safety features of the system.
(2) Noise. The maximum level of noise permitted to be generated by a
communications system shall be 50 decibels, as measured on a dB(A)
scale, measured at the lot line.
(3) Electromagnetic interference. Communication system devices shall
be filtered and/or shielded so as to prevent emission of radio-frequency
energy that would cause any harmful interference with radio and/or
television broadcasting or reception. In the event that harmful interference
is caused subsequent to the granting of a permit, the operator of
the communication system shall promptly take steps to eliminate the
harmful interference in accordance with Federal Communications Commission
regulations.
(4) Location and height. Communication systems shall meet all setback
and yard requirements for the district in which they are located.
Height of the device shall not exceed 15 feet.
(5) Compliance with Electrical Code. The electrical portion of the installation
shall comply with all provisions of the Electrical Code of the Town
as adopted in § 250-7 of this Code.
No owner shall, within the Town of Genesee, build, construct,
use or place any type or kind of device herein regulated without holding
a permit for said system from the Town Board.
A. Separate permit required for each system. A separate permit shall
be required for each system. Said permit shall be applicable solely
to the systems, structures, use and property described in the permit.
B. Basis of approval. The Town Board shall base its determination on
general consideration as to the effect of such grant on the health,
general welfare, safety and economic prosperity of the Town and specifically
of the immediate neighborhood in which such use would be located,
including such considerations as the effect on the established character
and quality of the area, its physical attractiveness, the movement
of traffic, the demand for related services, the possible hazardous,
harmful, noxious, offensive, or nuisance effect as a result of noise,
dust, smoke or odor and such other factors as would be appropriate
to carrying out the intent of this chapter.
C. Types of special devices.
(1) Wind energy conversion systems.
(2) Solar energy conversion systems.
D. Fees. The Town Board shall, by resolution, establish fees for the
processing and issuance of permits.
As used in this chapter, the following terms shall have the
meanings indicated:
AGENCY
The Town Board of the Town of Genesee.
APPLICANT
An owner applying for a permit under this chapter.
APPLICATION
An application for a permit under this chapter.
MUNICIPALITY
The Town of Genesee, Waukesha County, Wisconsin.
OWNER
The holder of record of an estate in possession in fee simple,
or for life, in land or real property, or a vendee of record under
a land contract for the sale of an estate in possession in fee simply
or for life, but does not include the vendor under a land contract.
A tenant in common or joint tenant shall be considered such owner
to the extent of his interest. The personal representative of at least
one owner shall be considered an owner.
PERMIT
A permit issued under this chapter.
SOLAR ENERGY CONVERSION SYSTEM
Commonly referred to as "active" or "passive" solar collection
and heating systems and including all systems defined by § 13.48(2)(h),
Wis. Stats.
Any person aggrieved by a determination by the Town Board under
this chapter may appeal the determination as provided by the Town
of Genesee ordinances.
The transfer of title to any property shall not change the rights
and duties under this chapter.
The approval of a permit under this chapter shall not be construed
to waive the requirement to obtain a building or plumbing permit prior
to installation of any system.
Other than the manufacturer's name in an inconspicuous
location, no other designs, words, letters or legends shall be placed
upon the device.
Each violation of any provision of this chapter shall be subject to the penalties and remedies described in Chapter
1, General Provisions, Article
I, General Penalty, of this Code.