This chapter may be referred to as the "Wind Energy System Ordinance."
[HISTORY: Adopted by the Village Board of the Village of Mishicot 5-3-2005 (Ch. 24 of the former Municipal Code). Amendments noted where applicable.]
The purpose of this chapter is to preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a wind energy system and to allow for the orderly development of land and protect property values and esthetic conditions within the Village. This chapter does not repeal, abrogate, annul, impair, or interfere with any existing ordinance.
[Amended 8-7-2012]
This chapter applies to all lands within the Village of Mishicot boundaries.
As used in this chapter, the following terms shall have the meanings indicated:
The Mishicot Village Board.
The Zoning Administrator or designee.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Mishicot Plan Commission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The extraterritorial zoning control area that villages maintain for 1 1/2 miles surrounding the village pursuant to state statute.
A wind energy system that has a nameplate capacity of more than 50 kilowatts, a total height of more than 100 feet, a blade diameter of more than 30 feet, and one wind tower and turbine.
A wind energy system that has a nameplate capacity of 50 kilowatts or less, a total height of 100 feet or less, a blade diameter of 30 feet or less, and one wind tower and turbine.
The vertical distance from ground level to the tip of a wind turbine blade when the tip is at its highest point.
Equipment that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire, or other component used in the system.
A wind energy system that includes more than one wind tower.
The monopole, freestanding, or guyed structure than supports a wind turbine generator.
A.
Location.
(1)
Any wind energy system that is not a small wind system may only be located in areas that are zoned A-1 Agriculture.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
A wind tower may not be located within 1/4 mile of any area that is zoned C-1 Conservancy or NA Natural Area or within 1/4 mile of any state or county forest, hunting area, lake access, natural area, or park.
B.
Setbacks.
(1)
The wind tower in a small wind system must be set back from the property line of the parcel on which it is located and from any right-of-way by a distance that is equal to its total height.
(2)
The wind tower in a large wind system and each wind tower in a wind farm system must be set back:
(a)
From the property line of the parcel on which the wind tower is located by a distance equal to three times the height of the wind tower, but the Board of Appeals may grant a variance if the property line is shared with an adjacent parcel within the same wind farm system.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(b)
From any residence or business that is on an adjacent parcel by a distance of seven times the maximum height of the structure, but the Commission may grant a variance if the adjacent parcel is located within the same wind farm system.
(c)
From any public building that is on an adjacent parcel by a distance of seven times the maximum height of the structure.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(d)
From the right-of-way of any public road by a distance of 1,000 feet.
C.
Spacing and density. A wind tower must be separated from any other wind tower in any small wind system, large wind system, or adjacent wind farm system by a distance of seven times the maximum height of the structure so that the wind tower does not interfere with the other wind tower.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D.
Structure. A wind tower must be of monopole construction to the extent practicable. If monopole construction is not practicable, a wind tower must be of freestanding construction to the extent practicable. If monopole or freestanding construction is not practicable, a wind tower may be guyed.
E.
Height. The total height of a wind energy system must be 500 feet or less.
F.
Clearance. The vertical distance from ground level to the tip of a wind turbine blade when the blade is at its lowest point must be at least 25 feet.
G.
Access. A wind tower, including any climbing aids, must be secured against unauthorized access by means of a fixed barrier or security fence.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
H.
Electrical wires. All electrical wires associated with a wind energy system, other than wires necessary to connect the wind turbine to its base and to overhead collection lines, must be located underground.
I.
Lighting. A wind tower and turbine may not be artificially lighted unless such lighting is required by the Federal Aviation Administration. If lighting is required, the lighting must comply with FAA minimum requirements and, whenever possible, be at the lowest intensity allowed, avoid the use of strobe or other intermittent white lights, and use steady red lights. If more than one lighting alternative is available, the alternative that causes the least visual disturbance must be used.
J.
Equipment. Any electrical equipment associated with a wind energy system must be located under the sweep area of a blade assembly.
K.
Appearance, color, and finish. The exterior surface of any visible components of a wind energy system must be a nonreflective, neutral color. Wind towers and turbines in a wind farm system that are located within one mile of each other must be of uniform design, including tower type, color, number of blades, and direction of blade rotation.
L.
Signs. No wind turbine, tower, building, or other structure associated with a wind energy system may be used to advertise or promote any product or service. No word or graphic representation, other than appropriate warning signs and owner identification, may be placed on a wind turbine, tower, building, or other structure associated with a wind energy system so as to be visible from any public road.
A.
Conditional use permit. A conditional use permit is required for a wind farm system and for any wind energy system that is not a small wind system.
B.
Zoning permit. A zoning permit is required for the installation of a wind tower that is part of any wind energy system.
(1)
For every wind tower with a total height in excess of 200 feet, said permit shall be conditioned upon the provision of a bond or insurance policy in favor of the Village guaranteeing the performance of the owner under § 384-8C hereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(a)
Said bond or insurance policy shall be in an amount equal to 75% of the cost of construction of the wind tower and a pro rata share of the other costs of the wind farm system, increasing annually at a rate equal to 1/2 of the prime rate as reported in the Wall Street Journal on the anniversary date of the granting of the conditional use permit.
(b)
A bonding or insurance company licensed to do business in Wisconsin shall issue said bond or insurance policy.
(3)
Fees.
(a)
The application for a conditional use permit for a wind energy system must be accompanied by the fee required for a conditional use permit, plus a processing fee set by the Village Board for each tower included in a wind farm system.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(b)
The application for a zoning permit for a large wind system and for each tower in a wind farm system must be accompanied by the fee required for a zoning permit for a principal use.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(c)
The application for a zoning permit for a small wind system must be accompanied by the fee required for a zoning permit for an accessory use.
A.
A wind energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned. The Code Administrator may issue a notice of abandonment to the owner of a wind energy system that is deemed to have been abandoned. The Code Administrator will withdraw the notice of abandonment if the owner provides information within 30 days from the date of the notice that causes the Code Administrator to determine that the wind energy system has not been abandoned.
B.
The owner of a wind energy system may provide the Code Administrator with a written notice of termination of operations if the operation of a wind energy system is terminated.
C.
Within three months of receipt of notice of abandonment or within six months of providing notice of termination of operations, the owner of a wind energy system must:
(1)
Remove all wind turbines, aboveground improvements, and outdoor storage;
(2)
Remove all foundations, pads, and underground electrical wires and replace all soils with compatible local material; and
(3)
Remove all hazardous material from the property and dispose of the hazardous material in accordance with federal and state law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
A person may submit an application to the Code Administrator for a conditional use permit for a large wind system or a wind farm system. The application must be on a form approved by the Code Administrator and must be accompanied by 10 copies of a scaled drawing, other descriptive information sufficient to enable the Commission to determine whether the requirements of this chapter will be satisfied, and such other information as may be specified on the application form. The Code Administrator will review the application materials for completeness and may request that the applicant provide additional information. When the Code Administrator determines that the application is complete, the Code Administrator will forward it to the Commission.
B.
The Commission will conduct a hearing on the application after a Class 2 hearing notice is published in the official Village newspaper. The hearing will be held within 60 days after the Commission receives the application.
C.
The Commission will grant a conditional use permit if it determines that the requirements of this chapter are met and that granting the permit will not unreasonably interfere with the orderly land use and development plans of the Village. The Commission may include conditions in the permit if those conditions preserve or protect the public health and safety, do not significantly increase the cost of the system or significantly decrease its efficiency, or allow for an alternative system of comparable cost and efficiency. The Commission may consider the following factors when setting conditions:
(1)
Proposed ingress and egress.
(2)
Proximity to transmission lines to link the system to the electric power grid.
(3)
Number of wind turbines and their location.
(4)
Nature of land use on adjacent and nearby properties.
(5)
Location of other wind energy systems in the surrounding area.
(6)
Surrounding topography.
(7)
Proximity to residential structures, residential zoning districts, or areas identified for future residential use.
(8)
Design characteristics that may reduce or eliminate visual obtrusiveness.
(9)
Possible adverse effects on migratory birds, raptors, and other animals and wildlife.
(10)
Possible adverse effects of stray voltage, interference with broadcast signals, shadow effect, and noise.
(11)
Impact on the orderly development, property values, and esthetic conditions within the Village.
(12)
Any other factors that are relevant to the proposed system.
D.
The Commission may waive or reduce the burden on the applicant of one or more of the factors in Subsection C if it concludes that the purpose of this chapter is met. The installation and continued operation of the large wind system or wind farm system are contingent upon compliance with any conditions that are set by the Commission.
E.
The Commission's decision, the reason for its decision, and any conditions will be recorded in the Commission's minutes. The Code Administrator will issue a conditional use permit or inform the applicant the conditional use permit has been denied.
F.
The Commission's decision may be appealed to the Circuit Court.
A.
A person may submit an application to the Code Administrator for a zoning permit for a wind tower. The application must be on a form approved by the Code Administrator and must be accompanied by two copies of a drawing that shows the proposed location and distance of the tower with reference to the property lines of the parcel on which it is located; any residence, business, or public building on an adjacent parcel; the right-of-way of any public road that is within 600 feet; and such other information as may be specified on the application form.
B.
The Code Administrator should issue a permit or deny the application within one month of the date on which the application is received.
C.
The Code Administrator will issue a zoning permit for a tower in a small wind system if the application materials show that the proposed tower location meets the requirements of this chapter. The Code Administrator will issue a zoning permit for a tower in a large wind system or a wind farm system if the application materials show that the proposed tower location meets the requirements of this chapter and of the conditional use permit issued by the Board.
D.
If the application is approved, the Code Administrator will return one copy of the drawing with the zoning permit and retain the other copy with the application.
E.
If the application is rejected, the Code Administrator will notify the applicant in writing and provide a written statement of the reason why the application was rejected.
F.
The zoning permit must be conspicuously posted on the premises so as to be visible to the public at all times until construction or installation of the tower is complete.
The owner of a wind energy system must take such reasonable steps as are necessary to prevent, eliminate, or mitigate any interference with radio or television signals caused by the wind energy system.
It is unlawful for any person to construct, install, maintain, modify, or operate a wind energy system that is not in compliance with this chapter or with any condition contained in a conditional use or zoning permit issued pursuant to this chapter.
A.
This chapter shall be administered by the Code Administrator and enforced by the chief law enforcement officer of the Village.
B.
The Code Administrator and chief law enforcement officer may enter any property for which a conditional use or zoning permit has been issued under this chapter to conduct an inspection to determine whether the conditions stated in the permit have been met.
C.
The Code Administrator may issue orders to abate any violation of this chapter.
D.
The chief law enforcement officer of the Village may issue a citation for any violation of this chapter.
E.
The chief law enforcement officer of the Village may refer any violation of this chapter to the Village Attorney for enforcement.
A.
Any person who fails to comply with any provision of this chapter or of a conditional use permit or a zoning permit issued pursuant to this chapter shall, upon conviction thereof, forfeit at least $500 but not more than $1,000 for each offense. A separate offense shall be deemed committed on each day during which a violation occurs or continues. Any person who is in default of payment of a forfeiture or costs may be imprisoned in the county jail until the forfeiture or costs are paid, except that the period of imprisonment may not exceed 30 days.
B.
Nothing in this section shall be construed to prevent the Village from using any other lawful means to enforce this chapter.