A.
No radio or television antenna tower shall be erected or installed
without the owner of such tower or antenna having first obtained a
permit from the Village Clerk-Treasurer.
B.
No radio or television antenna tower shall be erected or installed
within the front yard or side yard. The rear setback and the side
setback in rear yards shall be that for the principal structure with
the respective zoning district. The exact location of the antenna
tower shall be subject to approval by the Village Board.
C.
No radio or television tower shall exceed a height of 20 feet above
the roof line of the building on the property upon which the antenna
is located or 60 feet above the ground measured at grade level, whichever
is the minimum.
D.
Radio or television antenna towers shall be erected and installed
in accordance with the Wisconsin State Electrical Code, National Electrical
Safety Code and the instructions of the manufacturer. In cases of
conflict, the stricter requirements shall govern.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Purpose. The purpose of this section is to incorporate requirements
of § 66.0401 of the Wisconsin Statutes and Chapter PSC 128
of the Wisconsin Administrative Code as a Village ordinance and to
establish Village regulations for the installation and use of large
and small wind energy systems that are authorized by, compliant with,
and no more restrictive than the rules promulgated by the Wisconsin
Public Service Commission. This section is also intended to preserve
and protect public health and safety, to not significantly increase
the cost of the system or significantly decrease wind energy system
efficiency, and to allow for an alternative system of comparable cost
and efficiency.
B.
State requirements. Section 66.0401 of the Wisconsin Statutes and
Chapter PSC 128 of the Wisconsin Administrative Code are adopted and
incorporated by reference, including, but not limited to, the owner
requirements specified in Chapter PSC 128.
C.
Definitions. Terms used herein shall have the meaning described in
§ PSC 128.01 of the Wisconsin Administrative Code.
D.
Application.
(1)
Conditional use permit applications for large wind energy systems
shall include the information required by § PSC 128.30(2)
of the Wisconsin Administrative Code. The application shall also include
the names and addresses of residents and property owners located within
one mile of the proposed location, together with a written statement
signed by the applicant that the notices required by §§ PSC
128.105 and 128.30(5) were provided.
(2)
Conditional use permit applications for small wind energy systems
shall include the information required by § PSC 128.30(2)
of the Wisconsin Administrative Code. The application shall also include
a written statement signed by the applicant that the notices to residents
and owners of adjacent lots or parcels required by §§ PSC
128.61(1) and 128.61(7) were provided.
(3)
Owners of proposed large wind energy systems shall provide information
about whether the owner has consulted with and received any nonbinding
recommendations for construction, operating, or decommissioning the
wind energy system from any federal or state agency and whether the
owner has incorporated the non-binding recommendation into the design
of the wind energy system.
(4)
Applications for proposed wind energy systems shall be reviewed by
the Zoning Administrator for a determination of completeness in accordance
with the requirements of § PSC 128.31 of the Wisconsin Administrative
Code. Following a determination of completeness by the Zoning Administrator,
the applicant shall provide 10 copies of the complete application
to the Village. The Village Clerk-Treasurer shall forward one copy
of a complete application to the library serving the Village, in accordance
with § PSC 128.30(6). One copy of the application shall
be made available for public review at the Village Hall during normal
Village Hall business hours.
(5)
As soon as possible after receiving an application for a wind energy
system, the Village Clerk-Treasurer shall cause to be published a
Class 1 notice stating that an application has been filed, in accordance
with § 66.0401(4)(a) of the Wisconsin Statutes. The notice
shall include the information required by § PSC 128.30(5)(b)
of the Wisconsin Administrative Code.
(6)
An owner shall submit a copy of all necessary state and federal permits
and approvals to the Village within 30 days of the owner's receipt
of any permit or approval that was not provided with the owner's
application.
E.
Review criteria.
(1)
Wind energy systems shall comply with all applicable State and Federal
laws, including the provisions of § 66.0401 of the Wisconsin
Statutes and Chapter PSC 128 of the Wisconsin Administrative Code.
(2)
Wind energy systems are exempt from the height requirements of this
chapter; however, no such system shall be located closer to a lot
line than the setback, if any, specified in Table 2 in § PSC
128.61(3) for a small wind energy system and Table 1 in § PSC
128.13(1) for all other wind energy systems. The applicant may request
larger setbacks for consideration by the Plan Commission in order
to meet other standards contained in Chapter PSC 128 such as, but
not limited to, noise and shadow flicker limitations.
F.
Review process.
(1)
The Plan Commission shall have 90 days from the date that the Zoning
Administrator notifies the owner that the application is complete
in which to approve or disapprove the application, unless the time
is extended in accordance with § 66.0401(4)(e) of the Wisconsin
Statutes.
(2)
The Plan Commission shall hold a public hearing on the proposed wind energy system in accordance with § 380-42. Any written comments submitted shall be considered at the public hearing.
(3)
Following the public hearing, the Village Board shall issue a written
decision to grant or deny a conditional use permit for a wind energy
system and any conditions of approval. The written decision shall
include findings of fact supported by evidence in the record. If an
application is denied, the decision must specify the reason for the
denial.
(4)
The Village Clerk-Treasurer shall provide a duplicate original of
the Plan Commission written decision to the applicant.
(5)
The Village shall maintain a record of the permit review and decision
as required by § PSC 128.34 of the Wisconsin Administrative
Code.
G.
Annual reports and decommissioning review.
(1)
An owner of a wind energy system within the Village shall submit
an annual report to the Plan Commission by January 31 of each year
documenting the operation and maintenance of the wind energy system
during the previous calendar year.
(2)
The Plan Commission will conduct a review of the annual reports submitted,
in part to determine if a wind energy system has reached the end of
its useful life.
H.
Emergency training. An owner of a wind energy system shall provide
annual training for any fire, police, or other first responder identified
in the owner's emergency plans. An owner shall provide at least
eight hours of training during each calendar year and is responsible
for all direct training costs.
I.
Financial responsibility for large wind energy systems.
(1)
An owner with a nameplate capacity of one megawatt or larger shall
provide the Village with financial assurance of the owner's ability
to pay the actual and necessary cost to decommission the wind energy
system before commencing major civil construction activities.
(2)
An owner shall provide the Village with three estimates of the actual
and necessary cost to decommission the wind energy system. The cost
estimates shall be prepared by third parties agreeable to the owner
and the Village. The amount of financial assurance required by the
Village will be the average of the three estimates.
(3)
An owner shall establish financial assurance that is acceptable to
the Village and that places the Village in a secured position. The
financial assurance must provide that the secured funds may only be
used for decommissioning the wind energy system until such time as
the Village determines that the wind energy system has been decommissioned,
as provided for in § PSC 128.19(5)(b), or the Village approves
the release of the funds, whichever occurs first. The financial assurance
must also provide that the Village may access the funds for the purpose
of decommissioning the wind energy system if the owner does not decommission
the system when decommissioning is required.
(4)
The Village may periodically request information from the owner regarding
industry costs for decommissioning the wind energy system. If the
Village finds that the future anticipated cost to decommission the
wind energy system is at least 10% more or less than the amount of
financial assurance provided under this section, the Village may correspondingly
increase or decrease the amount of financial assurance required.
(5)
The Village may require an owner to submit a substitute financial
assurance of the owner's choosing if an event occurs that raises
material concern regarding the viability of the existing financial
assurance.
J.
Aerial spraying. An owner shall offer an agreement that includes
monetary compensation to a farm operator farming on a nonparticipating
property located within 1/2 mile of a constructed wind turbine if
the farm operator demonstrates all of the following:
(1)
Substantial evidence of a history, before the wind energy system
owner gives notice under § PSC 128.105(1), of using aerial
spraying for pest control or disease prevention for growing potatoes,
peas, snap beans, or sweet corn on all or part of the farm field located
within 1/2 mile of a constructed wind turbine.
(2)
A material reduction in potato, pea, snap bean, or sweet corn production
or a material increase in application costs on all or part of a farm
field located within 1/2 mile of a constructed wind turbine as a result
of the wind energy system's effect on aerial spraying practices.
K.
Monetary compensation for nonparticipating residences within 1/2
mile of a large wind energy system.
(1)
An owner shall offer an agreement to the owner of a nonparticipating
residence, if the residence is located within 1/2 mile of a constructed
wind turbine, that includes an initial annual monetary compensation
of $600 for one turbine located within 1/2 mile of a nonparticipating
residence, $800 for two turbines located within 1/2 mile of a nonparticipating
residence, and $1,000 for three or more turbines located within 1/2
mile of a nonparticipating residence.
(2)
The initial annual monetary compensation under this subsection shall
apply to agreements entered into in 2017. For agreements entered into
in 2018 and thereafter, the initial annual amounts shall increase
each year by the greater of 2% or the increase in the consumer price
index from the previous year, as described in § 196.374(5)(bm)2
of the Wisconsin Statutes.
(3)
An agreement offered under this subsection shall specify, in writing,
any waiver of a requirement or right under Ch. PSC 128, Wis. Adm.
Code, and whether the landowner's acceptance of payment establishes
the landowner's property as a participating property under Ch.
PSC 128, Wis. Adm. Code.
L.
Signal interference caused by large wind energy systems.
(1)
An owner shall use reasonable efforts to avoid causing interference
with commercial and personal communications in use when the wind energy
system begins operation to the extent practicable.
(2)
An owner shall use reasonable and commercially available technology
to mitigate interference with personal communications that were in
use when the wind energy system began commercial operations. An owner
shall also use reasonable and commercially available technology to
mitigate interference with personal communications that were not in
use when the wind energy system began commercial operations, if the
wind energy system is causing the interference and the interference
occurs at a location at least 1/2 mile from a wind turbine.
(3)
An owner shall use reasonable and commercially available technology
to mitigate interference caused by a wind energy system with commercial
communications in use when a wind energy system begins operation.
(4)
Before implementing mitigation measures, the owner shall consult with the affected parties regarding the preferred mitigation solution for personal and commercial communications interference problems. Except as provided in the following Subsection L(5), an owner shall mitigate personal communications interference caused by the wind energy system by making the affected party's preferred reasonable mitigation solution effective until either the wind energy system is decommissioned or the communication is no longer in use, whichever is earlier.
(5)
An owner shall, under a protocol established by § PSC 128.50(2),
implement a new technology solution that becomes commercially available
before the wind energy system is decommissioned to address interference
for which mitigation is required under §§ PSC 128.16(2)
and (3) and for which the original mitigation solution is only partially
effective.
A.
Application. The permit application for a wind energy system shall
be made to the Village Clerk-Treasurer or Building Inspector on forms
provided by the Village. The application shall include the following
information:
(1)
The name and address of the applicant.
(2)
The address of the property on which the system will be located.
(3)
Applications for the erection of a wind energy conversion system
shall be accompanied by a plat or 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 premise, the plat or 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.
(4)
An accurate and complete written description of the use for which
special grant is being requested, including pertinent statistics and
operational characteristics.
(5)
Plans and other drawings showing proposed development of the site
and buildings, including landscape plans, location of parking and
service areas, driveways, exterior lighting; type of building material,
etc., if applicable.
(6)
Any other information which the Village Board, Village Clerk-Treasurer
or Building Inspector may deem to be necessary to the proper review
of the application.
(7)
The Village Clerk-Treasurer and Building Inspector shall review the
application and, if the application is complete and contains all required
information, shall refer it to the Village Board.
B.
Hearing. Upon referral of the application, the Village Board shall
schedule a public hearing thereof as soon as practical and the Village
Board shall notice said hearing as deemed appropriate.
C.
Determination. Following public hearing and necessary study and investigation,
the Village Board shall, as soon as practical, render its decision
in writing and a copy made a permanent part of the Board's minutes.
Such decision shall include an accurate description of the conditional
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 Village Board may impose any conditions
or exemptions necessary to minimize any burden on the persons affected
by granting the conditional use permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Termination. When a conditional 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 Village Board following a
public hearing thereon.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Changes. Subsequent change or addition to the approved plans or use
shall first be submitted for approval to the Village Board and if,
in the opinion of the Board, such change or addition constitutes a
substantial alteration, a public hearing before the Village 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, plumbing or other permits as may be
required prior to installation of any system.
A.
Additional standards. Wind energy conversion systems, commonly referred
to as "wind-powered generators," are equipment and associated facilities
that convert and then store or transfer energy from the wind into
usable forms of energy and shall also satisfy the requirements of
this section in addition to those found elsewhere in this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
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 premise, 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.
C.
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.
D.
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.
E.
Electro-magnetic 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 conditional use 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.
F.
Location and height. Wind energy conversion systems shall be located
in the rear yard only an shall meet all setback and yard requirements
for the 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 this chapter; 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 conditional use permit application.
G.
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.
H.
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 conditional use permit.
