In this article the following words shall have
the following meanings:
AGENCY
The Plan Commission or designated representative.
APPLICANT
An owner applying for a permit under this article.
APPLICATION
An application for a permit under this article.
COLLECTOR SURFACE
Any part of a solar collector that absorbs solar energy for
use in the collector's energy transformation process. "Collector surface"
does not include frames, support and mounting hardware.
IMPERMISSIBLE INTERFERENCE
A blockage of solar energy from a collector surface or a proposed collector surface for which a permit has been granted under this article during a collector use period, if such blockage is by any structure or vegetation on property an owner of which was notified under §
430-97F. "Impermissible interference" does not include:
A.
Blockage by a narrow protrusion, including but
not limited to a pole or wire, which does not substantially interfere
with absorption of solar energy by a solar collector.
B.
Blockage by any structure constructed, under construction, or for which a building permit has been applied for before the date the last notice is mailed or delivered under §
430-97F.
C.
Blockage by any structure or vegetation which
obstructs less solar energy from a solar collector during the collector
use period than would be obstructed by a six-foot-high wall located
along the northern boundaries of the property to the south of the
solar collector.
OWNER
At least one owner, as defined under § 66.0217(1)(d),
Wis. Stats., of a property or the personal representative of at least
one owner.
PERMIT
A solar access permit issued under this article.
SOLAR COLLECTOR
A device, structure or part of a device or structure a substantial
purpose of which is to transform solar energy into thermal, mechanical,
chemical or electrical energy.
Within 30 days after receipt of the notice under §
430-97F, any person who has received a notice, or anyone acting on that person's behalf, may file a request for a hearing on the granting of a permit, or the agency may determine that a hearing is necessary even if no such request is filed. If a request is filed or if the agency determines that a hearing is necessary, the agency shall conduct a hearing on the application within 90 days after the last notice is delivered. The agency shall publish a Class 2 notice under Ch. 985, Wis. Stats., of the hearing.
Any person aggrieved by a decision under this
article may appeal the decision by making a written request to the
agency within 30 days of the decision. The decision shall be reviewed
by the Zoning Board of Appeals.
If the agency grants a permit:
A. The agency shall specify the property restricted by the permit and shall prepare notice of the granting of the permit. The notice shall include the legal description pursuant to § 706.05(2)(c), Wis. Stats., for the property upon which the solar collector is or will be located and for any property restricted by the permit; it shall indicate that the property may not be developed and vegetation may not be planted on the property so as to create an impermissible interference with the solar collector, which is the subject of the permit, unless the permit affecting the property is terminated or unless a waiver agreement affecting the property is recorded under §
430-103.
B. The applicant shall record with the Register of Deeds of the county in which the property is located the notice under Subsection
A for each property specified under Subsection
A and for the property upon which the solar collector is or will be located.
The holder of a permit granted under this article
is entitled to access to sunlight for the solar collector subject
to any conditions or exemptions in the permit and may seek damages
for any loss caused by an impermissible interference or an injunction
to prevent an impermissible interference as provided under § 66.0403(7),
Wis. Stats.
A permit holder, by written agreement, may waive
all or part of any right protected by a permit. The permit holder
shall record a copy of the agreement with the Register of Deeds. A
copy of the agreement shall also be filed with the agency.
The transfer of title to any property shall
not change the rights and duties provided by a permit granted under
this article.