Based upon the findings stated above, 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.
The following terms have the meanings indicated:
APPLICANT
The individual or business entity that seeks to secure a
license under this chapter of the Town Municipal Code.
BOARD
The Town Board for the Town of Herman, Dodge County, Wisconsin.
EMPLOYEE
Any and all persons, including but not limited to operators,
who work in or at or render any services directly related to operation
of wind energy systems.
GOOD UTILITY PRACTICE
Any of the practices, methods and acts with respect to the
safe operation of the wind energy system facility engaged in or approved
by a significant portion of the electric utility industry and, in
particular, those portions of the industry with experience in the
construction, operation and maintenance of wind turbines during the
relevant time period, or any of the practices, methods and acts which,
in the exercise of reasonable judgment in light of the facts known
at the time the decision was made, could have been expected to accomplish
the desired result at a reasonable cost consistent with good business
practices, reliability, safety and expedition. "Good utility practice"
is not intended to be limited to the optimum practice, method, or
act to the exclusion of all others but rather to be acceptable practices,
methods or acts generally accepted in the region.
NONPARTICIPATING RESIDENT
All residences which are not subject to an agreement, authorization
or lease with the wind energy system facility developer.
OPERATOR
The person who is designated on the license application to
be the person in charge of the daily operation of the premises and
who is to be the wind energy system's contact person for the municipality.
PERSON
An individual, proprietorship, corporation, association,
partnership, limited liability entity, or other legal entity.
STRAY VOLTAGE
Neutral-to-earth voltage measured from the electrical system
neutral and/or any structure bonded to this neutral to earth that
adversely affects humans or animals.
WIND ENERGY SYSTEM
Equipment that converts and then stores or transfers energy
from the wind into usable forms of energy and includes all of the
land, buildings, structures and equipment used by the wind energy
system and its support facilities, including the wind turbine, tower,
access roads, control and office facilities, meteorological towers,
maintenance and all power collection and transmission systems.
WIND ENERGY SYSTEM TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting the wind turbine.
WIND ENERGY SYSTEM TOWER SITE
The land area encompassing a tower and all related equipment,
structures, paved or graveled areas, safe clearance areas, fencing
and other items used in connection with said tower.
WIND TURBINE
A mechanical device which captures the kinetic energy of
the wind and converts it into electricity. The primary components
of a wind turbine are the blade assembly, electrical generator and
tower.
This chapter is intended to require implementation of restrictions
through licensing regarding the design, construction and operation
of wind energy systems. It is recognized that the restrictions herein
are neither exclusive nor exhaustive. In instances where a health
or safety concern is identified with regard to any application for
a wind energy system, additional and/or more restrictive conditions
may be included in the license to address such concerns.
A. Aircraft protection. The wind turbine generator tower shall be marked
as required by the Federal Aviation Administration (FAA). There shall
be no lights on the outside of the tower other than what is required
by the FAA or other applicable authority or as otherwise agreed in
connection with the issuance of the license. Notwithstanding the foregoing,
this restriction shall not apply to infrared heating devices used
to protect the monitoring equipment. The tower shall be connected
to an uninterruptible backup power source to ensure continuous compliance
with FAA regulations. To the extent consistent with FAA regulations,
shrouding for the lights shall direct reflection of light up.
B. Blasting. The licensee shall not undertake any blasting in connection
with the construction of the facility unless the applicant shall have
notified the Town and submitted a blasting plan consistent with applicable
laws and regulations.
C. Color. Except as may be required by the FAA, the coloration of the
exterior components and each wind turbine tower shall be of a conventional
or unobtrusive finish, including the blades. The licensee throughout
the term of this license shall maintain the required coloration and
finish.
D. Electromagnetic interference. The licensee shall not operate the
facility so as to cause microwave, television, radio, or navigation
interference contrary to Federal Communications Commission regulations
or other law.
E. Emergency shutdown. The licensee shall be required to immediately
cease operations for the duration of any emergency. "Emergency" shall
mean a proven condition or situation caused by the facility that presents
an imminent physical threat of danger to life or significant threat
to property.
F. Groundwater protection. The licensee shall operate the facility so
as not to cause groundwater contamination in violation of applicable
law.
G. Noise. The noise design limit for each wind turbine shall be as set
forth at § PSC 128.14, Wis. Adm. Code.
H. Public roads. The licensee shall, prior to the initiation of construction
and use of haul roads, consult with the Town Road Superintendent,
the Wisconsin state police and the Dodge County Sheriff's Office for
load paths and restrictions on their respective roads or bridges.
At the licensee's expense, the licensee shall provide the Town
Road Superintendent with a videotape documenting the condition of
all haul roads in the Town prior to beginning and after completing
construction of the facility. At the licensee's expense, the
licensee shall contract with qualified contractors to repair any damage
to the haul roads due to transportation of equipment and facility
components ("road repair obligations"). In the event that a hazardous
road condition exists that is not promptly corrected by the licensee,
the Town Road Superintendent may order emergency road repairs to be
performed by qualified contractors, and the licensee shall promptly
reimburse the Town for reasonable emergency road repair costs. The
licensee shall assure funding of the road repair obligations by a
letter of credit or guaranty from a contractor of the applicant. Weather
permitting, the final road repair obligations shall be completed to
the reasonable satisfaction of the Town Road Superintendent within
six months after completion of construction of the facility, or as
soon thereafter as weather conditions permit.
I. Screening. The facility shall be designed to minimize shadow flicker
as set forth in § PSC 128.15, Wis. Adm. Code.
J. Setback. Wind turbines shall be set back pursuant to the regulations
set forth in § PSC 128.13, Wis. Adm. Code.
K. Signage and fencing.
(1) The licensee shall provide reasonable signage at the facility, identifying
the premises as being part of the facility and providing appropriate
safety notices and warnings against trespassing. The "No Trespassing"
signs shall be posted around the entire premises at an appropriate
distance for posting but no fewer than two conspicuous places for
every 40 acres within the facility.
(2) No advertising material or signage other than warning, equipment
information or indicia of ownership shall be allowed on the wind turbines.
This prohibition shall include the attachment of any flag, decorative
sign, streamers, pennants, ribbons, spinners or waiving, fluttering
or revolving devices, but not including weather devices.
L. Stray voltage. The licensee shall utilize good utility practice to
minimize, to the extent practicable, the impact, if any, of stray
voltage caused by the facility.
M. Reporting and complaint resolution procedure. The licensee shall
report to the Town as follows:
(1) Extraordinary events. Within 24 hours of any extraordinary event,
the licensee shall notify the Town. "Extraordinary event" shall include
tower collapse, catastrophic turbine failure, unauthorized entry to
the tower base, thrown blade or hub, any injury to a facility worker
or other person that requires emergency medical treatment, or other
event that in the licensee's opinion reasonably impacts the public
health and safety of the Town.
(2) Complaints.
(a)
Parties shall follow the procedures established in § PSC
128.40, Wis. Adm. Code.
(b)
Upon petition from an aggrieved person, the Town may undertake
an investigation of the alleged problem and attempted resolution by
the wind energy system owner. If reasonably necessary, the Town may
hire a qualified individual to assist in the investigation, the cost
of which shall be reimbursed by the wind energy system owner. Upon
review of the complaint or an investigative report, the Town may order
operational changes, additional mitigation measures or other reasonable
resolution of the complaint.
The licensee shall be authorized to repair and replace the wind
turbine generator and associated equipment consistent with good utility
practice during the term of this license as needed to keep the facility
in good repair and operating condition. However, no such repair or
replacement shall entitle the licensee to any extension of the term
of this license, even if it extends the useful life of the facility.
If the licensee desires to extend the term of this license in the
future, the licensee shall be required to apply for such extension
or amendment of this license in accordance with the terms of this
chapter.
Unless the Town Board authorizes a different term based upon
analysis of the useful life of the wind energy system facility, every
license issued pursuant to this chapter will terminate upon the expiration
of 30 years from the date of issuance.
If all the requirements for a license as stated in this regulation
are met, a wind energy system shall only be allowed to locate in the
zoning district(s) provided for by the Town and shall not be allowed
to locate in any other district.