A. 
Approval required.
(1) 
No owner within the Town of Lowell may build, construct, use or place any type or kind of wind energy system in any district without holding the appropriate conditional use permit for said system.
(2) 
No wind energy system shall be erected in a primarily agricultural district unless such system is located a minimum of 100 feet from a residential property line.
B. 
Separate permit required for each system. A separate conditional use permit shall be required for each system. Said permit shall be applicable solely to the systems, structures, use and property described in the permit.
C. 
Basis of approval. The Town Board shall base its determinations on general considerations 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 carry out the intent of this chapter.
D. 
Definitions. All terms defined in § PSC 128.01, Wis. Adm. Code, and the meanings attributed therein are incorporated herein by reference.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Application. The application procedure for Wind Energy Systems shall be as described Ch. 128, Subch. III, § PSC 128.30, Wis. Adm. Code, which is incorporated herein by reference. Application completeness shall be as described in § PSC 128.31, Wis. Adm. Code. The Town's review shall be completed as required, and within the time required by § 66.0401(4), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Hearing. Upon referral of the application, the Town Board shall schedule a public hearing thereof following the procedures for conditional use permits in Article IV.
C. 
Determination. Following public hearing and necessary study and investigation, the Town Board shall, as soon as practical, render its decision and a copy be made a permanent part of the Board's minutes. Such decision shall include an accurate description of the special use permitted, of the property on which permitted, and any and all conditions made applicable thereto or, if disapproved, shall indicate the reasons for disapproval. The Town Board may impose any conditions or exemptions necessary to minimize any burden on the persons affected by granting the special use permit.
D. 
Termination. When a special use does not continue in conformity with the conditions of the original approval, or where a change in the character of the surrounding area or of the use itself cause it to be no longer compatible with surrounding areas, or for similar cause based upon consideration for the public welfare, the special grant may be terminated by action of the Town Board following a public hearing thereon.
E. 
Changes. Subsequent change or addition to the approved plans or use shall first be submitted for approval to the Town Board, and if, in the opinion of the Town Board, such change or addition constitutes a substantial alteration, a public hearing before the Town Board shall be required and notice thereof be given.
F. 
Approval does not waive permit requirements. The approval of a permit under this article shall not be construed to waive the requirement to obtain electrical, building or plumbing permits prior to installation of any system.
[Amended 3-10-2015 by Ord. No. 2015-01 (Exhibit "E")]
A. 
Purpose. The purpose of this section is to regulate by zoning permit:
(1) 
The siting and construction of any new mobile service support structure and facilities;
(2) 
With regard to a Class 1 collocation, the substantial modification of an existing support structure and mobile service facilities; and
(3) 
With regard to a Class 2 collocation, collocation on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.
B. 
Definitions. All definitions contained in § 66.0404(1), Wis. Stats., are hereby incorporated by reference.
C. 
Siting and construction of any new mobile service communication support structure and facility.
(1) 
Application process.
(a) 
A Town zoning permit is required for the siting and construction of any new mobile service support structure and facilities. The siting and construction of any new mobile service support structure and facilities is a conditional use in the Town obtainable with this permit.
(b) 
A written permit application must be completed by any applicant and submitted to the Town. The application must contain the following information:
[1] 
The name and business address of, and the contact individual for, the applicant.
[2] 
The location of the proposed or affected support structure.
[3] 
The location of the proposed mobile service facility.
[4] 
If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
[5] 
If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.
[6] 
If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
(c) 
A permit application will be provided by the Town upon request to any applicant.
(d) 
If an applicant submits to the Town an application for a permit to engage in an activity described in this chapter which contains all of the information required under this chapter, the Town shall consider the application complete. If the Town does not believe that the application is complete, the Town shall notify the applicant, in writing, within 10 days of receiving the application that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
(e) 
Within 90 days of its receipt of a complete application, the Town shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Town may agree, in writing, to an extension of the ninety-day period:
[1] 
Review the application to determine whether it complies with all applicable aspects of the political subdivision's building code and, subject to the limitations in this section, zoning ordinances.
[2] 
Make a final decision whether to approve or disapprove the application.
[3] 
Notify the applicant, in writing, of its final decision.
[4] 
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(f) 
The Town may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under Subsection C(1)(b)[6] above.
(g) 
If an applicant provides the Town with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required in a zoning ordinance, that zoning ordinance does not apply to such a structure unless the Town provides the applicant with substantial evidence that the engineering certification is flawed.
(h) 
The fee for the permit is established by Town resolution; see the Town Clerk for the current Fee Schedule.
D. 
Class 1 collocation.
(1) 
Application process.
(a) 
A Town zoning permit is required for a Class 1 collocation. A "Class 1 collocation" is a conditional use in the Town obtainable with this permit.
(b) 
A written permit application must be completed by any applicant and submitted to the Town. The application must contain the following information:
[1] 
The name and business address of, and the contact individual for, the applicant.
[2] 
The location of the proposed or affected support structure.
[3] 
The location of the proposed mobile service facility.
[4] 
If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
[5] 
If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.
[6] 
If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
(c) 
A permit application will be provided by the Town upon request to any applicant.
(d) 
If an applicant submits to the Town an application for a permit to engage in an activity described in this chapter which contains all of the information required under this chapter, the Town shall consider the application complete. If the Town does not believe that the application is complete, the Town shall notify the applicant, in writing, within 10 days of receiving the application that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
(e) 
Within 90 days of its receipt of a complete application, the Town shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Town may agree, in writing, to an extension of the ninety-day period:
[1] 
Review the application to determine whether it complies with all applicable aspects of the political subdivision's building code and, subject to the limitations in this section, zoning ordinances.
[2] 
Make a final decision whether to approve or disapprove the application.
[a] 
Notify the applicant, in writing, of its final decision.
[b] 
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(f) 
The Town may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under Subsection D(1)(b)[6] above.
(g) 
If an applicant provides the Town with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required in a zoning ordinance, that zoning ordinance does not apply to such a structure unless the Town provides the applicant with substantial evidence that the engineering certification is flawed.
(h) 
The fee for the permit is established by Town resolution; see the Town Clerk for the current Fee Schedule.
E. 
Class 2 collocation.
(1) 
Application process.
(a) 
A Town zoning permit is required for a Class 2 collocation. A "Class 2 collocation" is a permitted use in the Town but still requires the issuance of the Town permit.
(b) 
A written permit application must be completed by any applicant and submitted to the Town. The application must contain the following information:
[1] 
The name and business address of, and the contact individual for, the applicant.
[2] 
The location of the proposed or affected support structure.
[3] 
The location of the proposed mobile service facility.
(c) 
A permit application will be provided by the Town upon request to any applicant.
(d) 
A Class 2 collocation is subject to the same requirements for the issuance of a building permit to which any other type of commercial development or land use development is subject.
(e) 
If an applicant submits to the Town an application for a permit to engage in an activity described in this chapter which contains all of the information required under this chapter, the Town shall consider the application complete. If any of the required information is not in the application, the Town shall notify the applicant, in writing, within five days of receiving the application that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
(f) 
Within 45 days of its receipt of a complete application, the Town shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Town may agree, in writing, to an extension of the forty-five-day period:
[1] 
Make a final decision whether to approve or disapprove the application.
[2] 
Notify the applicant, in writing, of its final decision.
[3] 
If the application is approved, issue the applicant the relevant permit.
[4] 
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(g) 
The fee for the permit is established by Town resolution; see the Town Clerk for the current Fee Schedule.
F. 
Penalty provision. Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this chapter shall, upon conviction, pay a forfeiture of not less than $100 nor more than $10,000, plus the applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this chapter. In addition, the Town board may seek injunctive relief from a court of record to enjoin further violations.