CHAPTER 4 TOWN OF RUSHFORD LARGE WIND ENERGY SYSTEM ORDINANCE |
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Part I. INTRODUCTION. |
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3.01 |
Title. |
3.04 |
Severability. |
3.02 |
Authority,
Purpose and Intent. |
3.05 |
Effective
Date. |
3.03 |
Abrogation
and Greater Restrictions. |
3.06 |
Applicability. |
Part II. DEFINITIONS. |
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3.07 |
Definitions. |
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Part III. GENERAL STANDARDS. |
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3.08 |
Standards. |
3.11 |
Building
Permit Procedure. |
3.09 |
General
Requirements. |
3.12 |
Restoration
Requirement. |
3.10 |
Conditional
Use Permit Procedure. |
3.13 |
Signal
Interference. |
Part IV. ADMINISTRATION and
ENFORCEMENT. |
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3.14 |
Violations. |
3.16 |
Penalties. |
3.15 |
Administration
and Enforcement. |
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Part I. INTRODUCTION.
3.01 Title.
This
ordinance may be referred to as the Large Wind Energy System Ordinance.
3.02 Authority, Purpose and Intent.
This ordinance is adopted under the authority
granted by Sections 59.97 (5)(d), 60.10 (2)(c), 60.22 (3), 60.62, 61.35 and
62.23 of the Wisconsin Statutes. The purpose of this ordinance is to
establish regulations for large wind energy systems that comply with the
requirements of Wis. Stat. sec. 66.0401.
3.03 Abrogation and Greater
Restrictions.
It is
not intended by this Ordinance to interfere with, abrogate or annul any
existing easements, covenants, or other agreements between parties, nor is it
intended to
abrogate, annul, impair, interfere with, or repeal any existing ordinance. However, whenever this
Ordinance imposes greater restrictions, the provisions of this Ordinance shall
control.
3.04
Severability.
If any section, clause,
provision or portion of this Ordinance is adjudged unconstitutional or invalid
by a Court of competent jurisdiction, the remainder of this Ordinance shall not
be affected thereby.
3.05 Effective Date.
This Ordinance
shall take effect immediately upon adoption and publication.
3.06 Applicability.
This
ordinance applies to all lands within the boundaries of the Town of Rushford situated
outside the limits of Shoreland/Flood
Plain
jurisdiction of Winnebago County.
Part II. DEFINITIONS.
3.07 Definitions.
In
this ordinance:
Administrator means the Planning
and Zoning Administrator appointed pursuant to sec. 1.44(2), or his or her
designee.
Flicker
or shadow flicker
means the effect that results when the shadow cast by the rotating blade of a
wind energy system moves across a fixed point.
Karst means an area with
surface and subsurface features that have developed as the result of the
dissolution of dolomite, gypsum, limestone, or other soluble rock. Characteristic
features present in karst topography include caves, closed depressions, disappearing
streams, exposed bedrock, sinkholes, springs, and underground drainage through
conduits enlarged by dissolution.
Landowner means the person
that owns the property on which a large wind system is located. Large wind
energy system means a wind energy system that includes one or more large wind
systems.
Large
wind system
means a wind tower and turbine that has a nameplate capacity of more than 100
kilowatts or a total height of more than 170 feet, or both.
Nonparticipating
property
means real property on which either there is no large wind system or there is a
large wind system that is in a different wind farm system than another large
wind system.
Owner means the person
that owns a large wind system, a wind farm system, or a large wind energy
system.
Participating
property
means real property on which a large wind system is located and that is in the
same wind farm system as another large wind system.
Total
height
means the vertical distance from ground level to the tip of a wind turbine blade
when the tip is at its highest point.
Wind
energy system
means equipment that converts and then stores or transfers energy from the wind
into usable forms of energy and includes any base, blade, foundation, generator,
nacelle, rotor, tower, transformer, turbine, vane, wire, or other component
used in the system.
Wind
farm system
means a wind energy system that includes more than one wind tower.
Wind
Tower
means the monopole, freestanding, or guyed structure than supports a wind
turbine generator.
Part III.
GENERAL STANDARDS
3.08 Standards.
(1)
Location.
(a)
A
large wind system may only be located in areas that are zoned General Agricultural
(GA).
(b)
A
wind tower may not be located within one-quarter mile of any area that is zoned
Rural Residential (RR) or within one-quarter mile of any state or county
forest, hunting area, lake access, natural area, or park.
(2)
Set
Backs. The wind tower in a large wind system and each wind tower in a wind farm
system must be set back:
(a)
at
least 1.1 times the total height of the large wind system from the property
line of a participating property.
(b)
at
least 1,000 feet from the property line of a nonparticipating property unless
the owner of the nonparticipating property grants an easement for a lesser
setback. The easement must be recorded with the Register of Deeds and may not
provide for a setback that is less than 1.1 times the total height of the large
wind system.
(c)
at
least 1.1 times the total height of the large wind system or 500 feet,
whichever is greater, from any public road or power line right-of-way.
(3)
Spacing
and Density. A wind tower must be separated from every other wind tower by a
sufficient distance so that it does not interfere with the other wind tower.
(4)
Structure.
A wind tower must be of monopole construction to the extent practicable. If monopole
construction is not practicable, a wind tower must be of freestanding construction
to the extent practicable. If monopole or freestanding construction is not practicable,
a wind tower may be guyed.
(5)
Height.
The total height of a wind energy system must be 500 feet or less.
(6)
Clearance.
The vertical distance from ground level to the tip of a wind turbine blade when
the blade is at its lowest point must be at least 75 feet.
(7)
Access.
A wind tower, including any climbing aids, must be secured against unauthorized
access by means of a locked barrier or security fence.
(8)
Electrical
Wires. All electrical wires associated with a wind energy system, other than wires
necessary to connect the wind turbine to its base and to overhead collection
lines, must be located underground.
(9)
Code
Compliance. A large wind system and a large wind energy system must comply with
the National Electrical Code, the National Electrical Safety Code, and all
applicable state and federal codes and regulations.
(10)
Lighting.
A wind tower and turbine may not be artificially lighted unless such lighting is
required by the Federal Aviation Administration. If lighting is required, the
lighting must comply with FAA minimum requirements and, whenever possible, be
at the lowest intensity allowed, avoid the use of strobe or other intermittent
white lights, and use steady red lights. If more than one lighting alternative
is available, the alternative that causes the least visual disturbance must be
used.
(11)
Equipment.
Any electrical equipment associated with a wind energy system must be located
under the sweep area of a blade assembly.
(12)
Appearance,
Color, and Finish. The exterior surface of any visible components of a wind energy
system must be a nonreflective, neutral color. Wind towers and turbines in a
wind farm system that are located within one mile of each other must be of
uniform design, including tower type, color, number of blades, and direction of
blade rotation.
(13)
Signs.
No wind turbine, tower, building, or other structure associated with a wind
energy system may be used to advertise or promote any product or service. No
word or graphic representation, other than appropriate warning signs and owner
or landowner identification, may be placed on a wind turbine, tower, building,
or other structure associated with a wind energy system so as to be visible
from any public road.
(14)
Noise.
(a)
The
noise generated by the operation of a large wind energy system may not exceed the
ambient noise level by more than 5 dB(A) as measured at any point on property adjacent
to the parcel on which the large wind energy system is located. The noise level
generated by the operation of a large wind energy system will be determined during
the investigation of a noise complaint 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.
(b)
Each
wind tower must have a placard posted in plain view and easily readable by a person
on the ground. The placard must provide a telephone number for law enforcement
or other town officials to call for purposes of noise complaint investigation,
sound level measurement, or administration of this ordinance. A person must be
reachable through that telephone number at all times, and the owner must be
able to promptly control the operation of the large wind energy system as necessary
to permit noise complaint investigation and sound level measurement.
(15)
Flicker
or Shadow Flicker. The owner of a large wind system must take such reasonable steps
as are necessary to prevent, mitigate, and eliminate shadow flicker on any
occupied structure on a nonparticipating property.
3.09 General
Requirements.
(1)
A
permit application must be on a form approved or provided by the Administrator.
(2)
The
owner must provide a site plan and the following additional information:
(a)
Name,
corporate status, address, and telephone number of the person signing the application
and certifying that the application is true and correct.
(b)
Name,
corporate status, address, and telephone number of the owner.
(c)
Name,
corporate status, address, and telephone number of the landowner.
(d)
Legal
description of the property and a description of a benchmark on the property, including
its elevation expressed in feet and tenths of feet.
(e)
Number,
description, and design specifications of each large wind system and met tower,
including the manufacturer, model, capacity, blade length, height, lighting, and
total height of any large wind system.
(f)
Blueprints
or drawings that have been approved by a registered professional engineer
showing a cross section, elevation, and diagram for any tower and tower foundation.
(g)
Scale
diagram showing proposed location of aboveground and underground electrical
wiring, access routes, landscaping, and fencing.
(h)
Statement
describing any hazardous materials that will be used on the property and how
those materials will be stored.
(i)
Location
of any overhead utility lines adjacent to the property.
(j)
Existing
buildings and structures within one-half mile of the property, including any church,
hospital, public library, residence, and school.
(k)
Karst
features on or within one-half mile of the property as shown on a U.S. Geological
Survey topographical map with a scale of 1:24,000.
(l)
Any
sewer service planning area and incorporated municipal boundary within one-half
mile of the property.
(m)
Copy
of a Certificate of Authority and Environmental Assessment, if applicable, from
the Wisconsin Public Service Commission.
(n)
Statement
that each large wind system and met tower will be installed in compliance with
manufacturer’s specifications, along with a copy of the manufacturer’s specifications.
(o)
Statement
that the owner will construct and operate the large wind system, met tower, or
wind farm system in compliance with all applicable local, state, and federal codes,
laws, orders, regulations, and rules.
(p)
Statement
signed by the landowner acknowledging that the landowner is financially responsible
if the owner fails to reclaim the site as required by sec. 3.12(4) and that any
removal and reclamation costs incurred by the town will become a lien on the property
and may be collected from the landowner in the same manner as property taxes.
(3)
Conditional
Use Permit. A conditional use permit is required for a wind farm system and for
each large wind system that is not included in a conditional use permit issued
for a wind farm system.
(4)
Building
Permit. A building permit is required for the installation of a large wind
system, including each large wind system in a wind farm system.
(5)
Expiration.
A permit issued pursuant to this ordinance expires if the wind energy system is
not installed and functioning within 2 years from the date the permit is
issued, but the Administrator may extend the permit in response to a written
request made prior to its expiration if the Administrator determines that the
request is reasonable under the circumstances.
(6)
Fees.
(a)
The
application for a conditional use permit for a large wind system that is not included
in a wind farm system must be accompanied by the fee required for a conditional
use permit. The application for a conditional use permit for a wind farm system
must be accompanied by the fee required for a conditional use permit.
(b)
The
application for a building permit for each large wind system, including each
large wind system in a wind farm system must be accompanied by the fee required
for a building permit for a principal use.
(7)
Financial
Assurance.
(a)
Proof
of financial assurance is a condition precedent to the issuance of any conditional
use or building permit under this ordinance.
(b)
The
owner must provide a performance bond, completion bond, or other financial assurance
of at least $20,000 for each large wind system to guarantee the performance of
the restoration requirement set forth in sec. 3.12.
3.10 Conditional Use
Permit Procedure.
(1)
A
person may submit an application to the Administrator or Town Clerk for a
conditional use permit for a large wind system or a wind farm system. The
application must be on a form approved by the Administrator and must be
accompanied by 10 copies of a scaled drawing, other descriptive information
sufficient to enable the Town Board to determine whether the requirements of
this ordinance will be satisfied, and such other information as may be specified
on the application form. The Administrator will review the application materials
for completeness and may request that the applicant provide additional information.
When the Administrator determines that the application is complete, the Administrator
will forward it to the Town Board.
(2)
The
Town Board will conduct a hearing on the application after the planning and
zoning committee makes a recommendation to them. The hearing will be held within
60 days after the Town Board receives the completed application.
(3)
The
Town Board will grant a conditional use permit if it determines that the
requirements of this ordinance are met and that granting the permit will not
unreasonably interfere with the orderly land use and development plans of the town.
The Town Board may include conditions in the permit if those conditions
preserve or protect the public health and safety; do not significantly increase
the cost of the system or significantly decrease its efficiency; or allow for
an alternative system of comparable cost and efficiency. The Town Board may consider
the following factors when setting conditions:
(a)
Proposed
ingress and egress.
(b)
Proximity
to transmission lines to link the system to the electric power grid.
(c)
Number
of wind turbines and their location.
(d)
Nature
of land use on adjacent and nearby properties.
(e)
Location
of other wind energy systems in the surrounding area.
(f)
Surrounding
topography.
(g)
Proximity
to residential structures, residential zoning districts, or areas identified
for future residential use.
(h)
Design
characteristics that may reduce or eliminate visual obtrusiveness.
(i)
Possible
adverse effects on migratory birds, raptors, and other animals and wildlife.
(j)
Possible
adverse effects of stray voltage, interference with broadcast signals, shadow effect,
and noise.
(k)
Impact
on the orderly development, property values, and esthetic conditions within the
town.
(l)
Effect
on public roads.
(m)
Any
other factors that are relevant to the proposed system.
(4)
The
Town Board may waive or reduce the burden on the applicant of one or more of
the factors in sub. (3) if it concludes that the purpose of this ordinance is
met. The installation and continued operation of the large wind system or wind
farm system are contingent upon compliance with any conditions that are set by
the Town Board.
(5)
The
Town Board’s decision, the reason for its decision, and any conditions will be
recorded in the Town Board’s minutes. The Administrator will issue a
conditional use permit or inform the applicant the conditional use permit has
been denied.
(6)
The
Town Board’s decision may be appealed to the Circuit Court.
3.11 Building Permit
Procedure.
(1)
A
person may submit an application to the Building Inspector for a building
permit for a wind tower. The application must be on a form approved or provided
by the town and must include the name, address, and telephone number of the
person designated by the owner as the contact for operational issues and the
investigation of any complaints. The application must also be accompanied by
two copies of a drawing that shows the proposed location and distance of the
tower from the property lines of the parcel on which it is located; any
residence, business, or public building on an adjacent parcel; the right-of-way
of any public road that is within 600 feet; and such other information as may
be specified on the application form.
(2)
The
Building Inspector should issue a permit or deny the application within one
month of the date on which the application is complete.
(3)
The
Building Inspector will issue a building permit for a tower in a large wind
system or a wind farm system if the application materials show that the
proposed tower location meets the requirements of this ordinance and of the
conditional use permit issued by the Town Board.
(4)
If
the application is approved, the Building Inspector will return one copy of the
drawing with the building permit and retain the other copy with the
application.
(5)
If
the application is rejected, the Building Inspector will notify the applicant
in writing and provide a written statement of the reason why the application
was rejected.
(6)
The
building permit must be conspicuously posted on the premises and visible to the
public at all times until construction or installation of the tower is
complete.
3.12 Abandonment and
Restoration.
(1)
A
large wind system, met tower, or wind farm system that is out of service for a continuous
12-month period will be deemed to have been abandoned and the Planning and
Zoning Administrator may issue a Notice of Abandonment to the owner. If, within
30 days of receipt of a Notice of Abandonment, the owner provides the Planning
and Zoning Administrator with written information showing that the large wind
system, met tower, or wind farm system has not been abandoned, the Planning and
Zoning Administrator will withdraw the Notice.
(2)
An
owner may provide the Planning and Zoning Administrator with a written Notice
of Termination of Operations if the operation of a large wind system, met
tower, or wind farm system is terminated.
(3)
A
large wind system, met tower, or wind farm system must be removed within 3
months of receipt of Notice of Abandonment unless the Administrator withdraws
the Notice or within 6 months of providing Notice of Termination of Operations.
The owner must:
(a)
remove
all wind turbines, aboveground improvements, and outdoor storage;
(b)
remove
all foundations, pads, and underground electrical wires and reclaim the site to
a depth of 4 feet below the surface of the ground; and
(c)
remove
all hazardous material from the property and dispose of the hazardous material
in accordance with federal and state law.
(4)
If
the owner fails to remove a large wind system, met tower, or wind farm system
and reclaim the site, the town may remove or cause the removal of the large
wind system, met tower, or wind farm system and the reclamation of the site.
The town may recover the cost of removal and reclamation from any financial
assurance provided by the owner pursuant to sec. 3.09(7)(b). Any removal or
reclamation cost incurred by the town that is not recovered from the owner will
become a lien on the property where the removal or reclamation takes place and
may be collected from the landowner in the same manner as property taxes.
3.13 Signal
Interference.
(1)
The
owner of a large wind energy system, met tower, or wind farm system must take reasonable
steps to prevent and eliminate any interference with the transmission and reception
of electromagnetic communications, such as microwave, radio, telephone, or television
signals.
(2)
A
large wind energy system or met tower may not be located within an emergency communication
corridor, which is defined as the area within 500 feet of a line connecting a
specified pair of communication towers. The owner must provide documentation
the activity will not obstruct a protected emergency communication corridor.
(3)
A
large wind energy system or met tower may not be located within one mile of any
communication tower location described in sub. (2).
Part IV.
ADMINISTRATION and ENFORCEMENT.
3.14 Violations.
It
is unlawful for any person to construct, install, maintain, modify, or operate
a large wind system, met tower, or wind farm system that is not in compliance
with this ordinance or with any condition contained in a conditional use or building
permit issued pursuant to this ordinance.
3.15 Administration
and Enforcement.
(1)
This
ordinance shall be administered by the Administrator.
(2)
The
Building Inspector may enter any property for which a conditional use or
building permit has been issued under this ordinance to conduct an inspection
to determine whether the conditions stated in the permit have been met. The Building
Inspector or Building Inspector’s designee may enter any property for which a building
permit has been issued under this ordinance to conduct an inspection to
determine whether there is any violation of sec. 3.08(14).
(3)
The
Administrator may issue orders to abate any violation of this ordinance. The Building
Inspector or Building Inspector’s designee may issue an order to abate a
violation of sec. 3.08 (14).
(4)
The
Administrator may issue a citation for any violation of this ordinance. The Building
Inspector or Building Inspector’s designee may issue a citation for any
violation of sec. 3.08 (14).
(5)
The
Administrator may refer any violation of this ordinance to the Town Board for
enforcement. The Town Board may refer a violation of sec. 3.08 (14) to legal counsel
for legal action.
(6)
Nothing
in this section shall be construed to prevent the town from using any other lawful
means to enforce this ordinance.
3.16 Penalties.
(1)
Any
person who fails to comply with any provision of this ordinance or of a
conditional use permit or a building permit issued pursuant to this ordinance
shall, upon conviction thereof, forfeit at least $500 but not more than $1,000
for each offense. A separate offense shall be deemed committed on each day
during which a violation occurs or continues. Any person who is in default of
payment of a forfeiture or costs may be imprisoned in the county jail until the
forfeiture or costs are paid, except that the period of imprisonment may not
exceed 30 days.
(2)
The
failure of any employee, official, or officer of the town to perform any
official duty imposed by this code will not subject the employee, official, or
officer to the penalty imposed for violation of this code unless a penalty is
specifically provided.