[HISTORY: Adopted by the Village Board of the Village of
Fox Crossing 7-13-2020 by Ord.
No. 200713-1.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter derives from § 29.10
of the former Municipal Code, adopted 2-26-2007.
This chapter is adopted pursuant to authority granted by §§ 61.34,
62.23 and 66.0401, Wis. Stats.
The purpose of this chapter is to:
As used in this chapter, the following terms shall have the
meanings indicated:
The Village of Fox Crossing Director of Community Development
or designee.
A wind energy system that:
Defined to include the tower, base plate, anchors, guy cables
and hardware, anemometers (wind speed indicators), wind direction
vanes, booms to hold equipment, anemometers and vanes, data logger,
instrument wiring, and any telemetry devices that are used to monitor
or transmit wind speed and wind flow characteristics over a period
of time for either instantaneous wind information or to characterize
the wind resource at a given location.
The individual or entity that intends to own and operate
the wind energy system in accordance with this chapter.
The Village of Fox Crossing Planning Commission.
The individual or entity that owns the land on which a wind
energy system is intended to be located.
The cross-sectional dimension of the circle swept by the
rotating blades.
A wind energy system that:
The vertical distance from ground level to the tip of a wind
generator blade when the tip is at its highest point.
The monopole, freestanding, or guyed structure that supports
a wind generator.
The Village of Fox Crossing Board of Trustees.
Equipment that converts and then stores or transfers energy
from the wind into usable forms of energy [as defined by § 66.0403(1)(m),
Wis. Stats.]. This equipment includes any base, blade, foundation,
generator, nacelle, rotor, tower, transformer, vane, wire, inverter,
batteries or other component used in the system.
Blades and associated mechanical and electrical conversion
components mounted on top of the tower.
Small and large wind energy systems shall meet the following
requirements:
A.
Access. All ground-mounted electrical and control equipment shall
be labeled and secured to prevent unauthorized access. A tower shall
not have step bolts or a ladder within eight feet of the ground that
is readily accessible to the public.
B.
Electrical wires. All electrical wires associated with a wind energy
system, other than wires necessary to connect the wind generator to
the tower wiring, the tower wiring to the disconnect junction box,
and the grounding wires, shall be located underground.
C.
Lighting. A wind tower and generator shall not be artificially lighted
unless such lighting is required by the Federal Aviation Administration.
Required lighting shall comply with FAA minimum requirements and,
whenever possible, be at the lowest intensity allowed using red lights
at night. If more than one lighting alternative is available, the
alternative that causes the least visual disturbance shall be used.
D.
Appearance, color and finish. The exterior surface of any visible
component of a wind energy system shall be of a nonreflective, neutral
color. The design of the building or related structures of the wind
energy system site shall, to the extent reasonably possible, use materials,
colors, textures, screening and landscaping that are compatible with
the surrounding area or natural environment.
E.
Signs. No sign, other than a warning sign or installer, owner, or manufacturer identification sign, may be placed on any component of a wind energy system if the sign is visible from an adjacent property, and any such signs shall also comply with other sign ordinances of the Village and Chapter 435, Zoning, of the Village Code.
F.
Code compliance. A wind energy system including tower shall comply
with all applicable state construction and electrical codes and the
National Electrical Code. The owner shall provide certification from
a state-licensed inspector showing that the wind energy system complies
with all applicable codes before placing the wind energy system into
operation.
G.
Signal interference. The owner of a wind energy system must filter,
ground, and shield a tower and take any other reasonable steps necessary
to prevent, eliminate, or mitigate any interference with the transmission
and reception of electromagnetic communications, such as microwave,
radio, telephone, or television signals.
H.
Utility notification and interconnection. Wind energy systems that
connect to the electric utility shall comply with the Wisconsin Public
Service Commission's Rule 119, Rules for Interconnecting Distributed
Generation Facilities.
I.
Ice. The wind energy systems shall be operated in such a manner as
to prevent the accumulation of ice and ice throws onto adjacent property.
A small wind energy system shall be a permitted use in all zoning
districts subject to the following requirements:
B.
Setbacks. A wind tower for a small wind energy system with a total height of 75 feet or less shall meet the setback requirements for an accessory structure as stated in Chapter 435, Zoning, of the Village Code. A wind tower for a small wind energy system with a total height over 75 feet shall be set back a distance equal to its total height from:
(1)
Any public road right-of-way, unless written permission is granted
by the governmental entity with jurisdiction over the road;
(2)
Any overhead utility lines, unless written permission is granted
by the affected utility; and
(3)
All property lines, unless written permission is granted from the
affected landowner or neighbor.
C.
Noise. The noise generated by the operation of a small wind energy
system may not exceed five dB above the ambient noise level as measured
at any point on the property adjacent to the parcel on which the small
wind energy system is located. The noise level generated by the operation
of a small wind energy system will be determined during the investigation
of a noise compliant by comparing the sound level measured when the
wind generator blades are rotating to the sound level measured when
the wind generator blades are stopped. It is understood that small
wind energy systems may occasionally exceed these limits during power
outages. The above regulation shall not apply to small wind energy
systems during power outages or storm occurrences.
D.
Blade clearance. The vertical distance from ground level to the tip
of a wind generator blade when the blade is at its lowest point shall
be at least 30 feet.
Meteorological (MET) towers shall be permitted under the same
standards, permit requirements, restoration requirements, and permit
procedures as a small wind energy system.
A large wind energy system shall require Planning Commission
and Village Board approval in all zoning districts subject to the
following requirements:
A.
Approval procedure. The Planning Commission and Village Board approval
procedure shall be as follows:
(1)
The application shall, at a minimum, include the information listed in § 430-8A below for Planning Commission and Village Board review.
(2)
The applicant shall consult with Community Development staff prior
to submitting an application to review the application requirements
and review process and to determine whether any optional submittals
will be required.
(3)
An application and 10 copies of a site plan shall be submitted at
least 15 days prior to the Planning Commission meeting at which action
is desired.
(4)
Village staff shall review the application and make a recommendation
to the Planning Commission to approve, approve with conditions, defer,
table, or deny with reason.
(5)
A public hearing before the Planning Commission shall be held for
Village residents, and property owners within 300 feet of the proposed
development will be notified by the Village.
(6)
The Planning Commission shall meet in accordance with open meetings
law and discuss and take action on the application. The Planning Commission,
considering the recommendation from Community Development staff, shall
make a recommendation to the Village Board to approve, approve with
conditions, defer, table, deny with reason, or remove any applications
from the agenda.
(7)
The Village Board shall meet in accordance with open meetings law
and discuss and take action on the application. The Village Board,
considering the recommendation from the Planning Commission and Village
staff, shall approve, approve with conditions, defer, table, deny
with reason, or remove any application from the agenda.
(8)
In accordance with § 66.0401, Wis. Stats., approvals shall
not be denied or restricted unless the denial or restriction satisfies
one of the following conditions:
C.
Setbacks. A wind tower for a large wind energy system shall be set
back a distance equal to 1.1 times its total height from:
(1)
Any public road right-of-way, unless written permission is granted
by the governmental entity with jurisdiction over the road;
(2)
Any overhead utility lines, unless written permission is granted
by the affected utility; and
(3)
All property lines, unless written permission is granted from the
affected landowner or neighbor.
D.
Blade clearance. The vertical distance from ground level to the tip
of a wind generator blade when the blade is at its lowest point shall
be at least 75 feet.
E.
Road repair. Any road damage done by the owner, or one or more of
its contractors or subcontractors, shall be repaired or reconstructed
at the owner's expense as per Village of Fox Crossing policy.
A.
Application. All applications shall be made on forms provided by the Village and be accompanied by a fee as set forth in the Village Fee Schedule, reference § 394-13E. The applicant shall also provide copies of the proof of a certificate of authority from the Public Service Commission of Wisconsin and the Public Service Commission of Wisconsin environmental assessment, if applicable, and the following:
(1)
A description of the number and kind of wind energy systems to be
installed.
(2)
A statement from the applicant that all wind energy systems will
be installed in compliance with the manufacturer's specifications
and a copy of those manufacturer's specifications.
(3)
A copy of the lease with the landowner if the applicant does not
own the land for the proposed wind energy facility(ies).
(4)
A statement from the landowner of the leased site that he/she will
abide by all applicable terms and conditions of the wind energy siting
permit.
(5)
A statement indicating what hazardous materials will be used and
stored on the site and how those materials will be stored.
(6)
A statement indicating how the wind energy facility will be lit,
if applicable.
B.
Site plan review. The owner shall submit a site plan which shall conform to all applicable provisions of Chapter 394, Development Standards and Site Plan Review, of the Village Code at the time of application submittal for a wind energy system or MET tower. The site plan shall also include the following:
(1)
Property lines and physical dimensions of the property;
(2)
Location, dimensions, and types of existing major structures on the
property;
(3)
Location of the proposed wind system tower;
(4)
The right-of-way of any public road that is contiguous with the property;
(5)
Any overhead utility lines;
(6)
A note indicating the total kilowatts of the wind energy system;
(7)
Wind system specifications, including manufacturer and model, rotor
diameter, tower height, and tower type (freestanding or guyed); and
(8)
Tower and tower foundation drawings which have been approved by a
registered professional engineer.
C.
Performance bond. A bond, or letter of credit, shall be required
in the amount to cover the cost of returning the site to its original
condition if it is deemed that the site has been abandoned.
D.
Building permit. A wind generator permit shall be required for the installation of a wind energy system or MET tower and fees as set forth in the Village Fee Schedule, reference § 383-28C. No building or construction permits shall be issued until the Director has reviewed and approved the site plan.
E.
Expiration. A permit issued pursuant to this chapter shall expire
if:
A.
An owner shall submit an application to the Department of Community Development for a wind generator permit for a wind energy system or MET tower. The application must be on a form approved by the Director and must be accompanied by two copies of the site plan identified in § 430-8B above.
B.
The Director shall issue a permit or deny the application within 30 days of the date on which the application is received or five days following approval by the Village Board under § 430-7A(7), whichever is later.
C.
The Director shall issue a wind generator permit for a wind energy
system if the application materials show that the proposed wind energy
system meets the requirements of this chapter.
D.
If the application is approved, the Director will return one signed
copy of the application with the permit and retain the other copy
with the application.
E.
If the application is rejected, the Director will notify the applicant
in writing and provide a written statement of the reason why the application
was rejected. The applicant may resubmit if the deficiencies specified
by the Director are resolved.
F.
In accordance with § 66.0401, Wis. Stats., approvals shall
not be denied or restricted unless the denial or restriction satisfies
one of the following conditions:
A.
A wind energy system or MET tower that is out of service for a continuous
twelve-month period will be deemed to have been abandoned. The Director
may issue a notice of abandonment to the owner of a wind energy system
that is deemed to have been abandoned. The owner shall have the right
to respond to the notice of abandonment within 30 days from notice
receipt date. The Director shall withdraw the notice of abandonment
and notify the owner that the notice has been withdrawn if the owner
provides information that demonstrates the wind energy system or MET
tower has not been abandoned.
B.
If the wind energy system or MET tower is determined to be abandoned,
the owner of a wind energy system or MET tower shall reclaim the site
to its original condition at the owner's sole expense within 90 days
of receipt of notice of abandonment. If the owner fails to reclaim
the site to its original condition, the Director may remove, or cause
to be removed, the wind energy system or MET tower and/or restore
the site to its original condition using the bond or letter of credit.
Any cost incurred by or on behalf of the Village and not covered by
the bond or letter of credit will become a lien on the property and
may be collected in the same manner as property taxes, in addition
to any other remedy available to the Village under law or in equity.
In addition thereto, the title owner of the property and/or operator
of the wind energy system shall be personally liable to the Village
for any costs incurred by the Village for removal of the wind energy
system and reclamation of the site. Going upon the property for removal
and reclamation by or on behalf of the Village shall not be deemed
a trespass. Any cost not covered by the bond or letter of credit will
become a lien upon the property and may be collected in the same manner
as property taxes.
The applicant may appeal the Director's decision pursuant to
Ch. 68, Wis. Stats.
It is unlawful for any person to construct, install, or operate
a wind energy system or MET tower that is not in compliance with this
chapter or with any condition contained in a wind generator permit
issued pursuant to this chapter. Wind energy systems or MET towers
installed prior to the adoption of this chapter are exempt.
A.
This chapter shall be administered by the Director or other official
as designated.
B.
The Director may enter any property for which a 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 Director may issue orders to abate any violation of this chapter.
D.
The Director may issue a citation for any violation of this chapter.
E.
The Director may refer any violation of this chapter to legal counsel
for enforcement.
A.
Any person, firm, or corporation who or which fails to comply with the provisions of this chapter shall, upon conviction thereof, pay a forfeiture as set forth in Chapter A450, Fines and Penalties, for violations of Chapter 435, Zoning, plus the cost of prosecution for each violation and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days. Each violation and each day a violation exists or continues shall constitute a separate offense.
B.
Nothing in this chapter shall be construed to prevent the Village
from using any other lawful means to enforce this chapter.
C.
The owner of any wind energy system or MET tower shall further be
liable to the Village for reasonable attorney's fees incurred by the
Village for enforcing this chapter in addition to any and all other
fines and penalties.
The provisions of this chapter are severable, and the invalidity
of any section, subsection, paragraph, or other part of this chapter
shall not affect the validity or effectiveness of the remainder of
the chapter.
This chapter shall apply to all large wind energy systems, small
wind energy systems, and MET towers which have not yet been approved
by the Village Board by affirmative action in an open meeting as of
the effective date of this chapter.[1]
[1]
Editor's Note: This chapter was originally adopted 2-26-2007.
