[HISTORY: Adopted by the Town Board of the Town of Seymour 8-11-2016 by Ord. No. 08-11-16. Amendments noted where applicable.]
This chapter may be referred to as the "Small Wind Energy System
Ordinance."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This chapter is adopted pursuant to authority granted by § 60.61
or 60.62 and § 62.23(7) or 60.22(3) and § 66.0401,
Wis. Stats.
The purpose of this chapter is to:
As used in this chapter, the following terms shall have the
meanings given in this section:
The Town of Seymour Town Board.
The Town of Seymour Board of Supervisors.
Includes 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 small wind energy system in accordance with this chapter.
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, or the vertical
distance from ground level to the highest point of the tower in a
propeller-free design.
The monopole, freestanding, or guyed structure that supports
a wind generator.
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.
A small wind energy system shall be a permitted use in all zoning
districts, subject to the following requirements:
A.
Setbacks. A wind tower for a small wind system shall be set back
a distance of 110% of 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.
(3)
All property lines, unless written permission is granted from the
affected landowner or neighbor.
C.
Electrical wires. All electrical wires associated with a small 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.
D.
Lighting. A wind tower and generator shall not be artificially lighted
unless such lighting is required by the Federal Aviation Administration.
E.
Appearance, color, and finish. The wind generator and tower shall
remain painted or finished the color or finish that was originally
applied by the manufacturer, unless approved in the building permit.
F.
Signs. All signs, other than the manufacturer's or installer's identification,
appropriate warning signs, or owner identification, on a wind generator,
tower, building, or other structure associated with a small wind energy
system visible from any public road shall be prohibited.
G.
Code compliance. A small wind energy system including tower shall
comply with all applicable state construction and electrical codes
and the National Electrical Code.
H.
Utility notification and interconnection. Small wind energy systems
that connect to the electric utility shall comply with the Public
Service Commission of Wisconsin's Rule 119, Rules for Interconnecting
Distributed Generation Facilities (Ch. PSC 119, Wis. Adm. Code).
I.
MET towers shall be permitted under the same standards, permit requirements,
restoration requirements, and permit procedures as a small wind energy
system.
A.
Building permit. A building permit shall be required for the installation
of a small wind energy system.
B.
Documents. The building permit application shall be accompanied by
a plot plan which includes 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)
Wind system specifications, including manufacturer and model, rotor
diameter, tower height, and tower type (freestanding or guyed).
(7)
Tower foundation blueprints or drawings.
(8)
Tower blueprint or drawing.
C.
Fees. The application for a building permit for a small wind energy
system must be accompanied by the fee required for a building permit.
D.
Expiration. A permit issued pursuant to this chapter shall expire
if:
A.
An owner shall submit an application to the administrator for a building permit for a small wind energy system. The application must be on a form approved by the administrator and must be accompanied by three copies of the plot plan identified in § 190-6B above.
B.
The administrator shall issue a permit or deny the application within
one month of the date on which the application is received.
C.
The administrator shall issue a building permit for a small wind
energy system if the application materials show that the proposed
small wind energy system meets the requirements of this chapter.
D.
If the application is approved, the administrator will return one
signed copy of the application with the permit and retain the other
two copies with the application.
E.
If the application is rejected, the administrator will notify the
applicant in writing and provide a written statement of the reason
why the application was rejected. The applicant may appeal the administrator's
decision pursuant to Ch. 68, Wis. Stats. The applicant may reapply
if the deficiencies specified by the administrator are resolved.
F.
The owner shall conspicuously post the building permit on the premises
so as to be visible to the public at all times until construction
or installation of the small wind energy system is complete.
A.
A small wind energy system that is out of service for a continuous
twelve-month period will be deemed to have been abandoned. The administrator
may issue a notice of abandonment to the owner of a small 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 administrator shall withdraw the notice of
abandonment and notify the owner that the notice has been withdrawn
if the owner provides information that demonstrates the small wind
energy system has not been abandoned.
B.
If the small wind energy system is determined to be abandoned, the
owner of a small wind energy system shall remove the wind generator
from the tower at the owner's sole expense within three months of
receipt of notice of abandonment. If the owner fails to remove the
wind generator from the tower, the administrator may pursue a legal
action to have the wind generator removed at the owner's expense.
It is unlawful for any person to construct, install or operate
a small wind energy system that is not in compliance with this chapter
or with any condition contained in a building permit issued pursuant
to this chapter. Small wind energy systems installed prior to the
adoption of this chapter are exempt.
A.
This chapter shall be administered by the administrator or other
official as designated.
B.
The administrator may enter any property for which a building 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 administrator may issue orders to abate any violation of this
chapter.
D.
The administrator may issue a citation for any violation of this
chapter.
E.
The administrator may refer any violation of this chapter to legal
counsel for enforcement.
A.
Any person who fails to comply with any provision of this chapter
or a building permit issued pursuant to this chapter shall be subject
to enforcement and penalties as stipulated in the Outagamie County
Zoning Code.
B.
Nothing in this section shall be construed to prevent the Town of
Seymour Board from using any other lawful means to enforce this chapter.
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
this chapter.
