CHAPTER 5 TOWN OF RUSHFORD SMALL WIND ENERGY SYSTEM ORDINANCE |
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Part I. INTRODUCTION. |
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4.01 |
Title. |
4.04 |
Severability. |
4.02 |
Authority,
Purpose and Intent. |
4.05 |
Effective
Date. |
4.03 |
Abrogation
and Greater Restrictions. |
4.06 |
Applicability. |
Part II. DEFINITIONS. |
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4.07 |
Definitions. |
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Part III. GENERAL STANDARDS. |
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4.08 |
Standards
- Small Wind Energy System. |
4.10 |
Building
Permit. |
4.09 |
Standards
- Met Tower. |
4.11 |
Abandonment. |
Part IV. ADMINISTRATION and
ENFORCEMENT. |
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4.12 |
Violations. |
4.14 |
Penalties. |
4.13 |
Administration
and Enforcement. |
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Part I.
INTRODUCTION.
4.01 Title.
This ordinance may be referred to as the Small
Wind Energy System Ordinance.
4.02 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.
4.03 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.
4.04
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.
4.05 Effective Date.
This Ordinance shall take effect immediately upon adoption
and publication.
4.06 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.
4.07 Definitions.
In this ordinance:
Administrator means the Planning
and Zoning Administrator appointed pursuant to sec. 1.44(2), or his or her
designee.
Met
tower
means a tower, including any anchor, base, base plate, boom, cable, electrical
or electronic equipment, guy wire, hardware, indicator, instrument, telemetry
device, vane, or wiring, that is used to collect or transmit meteorological data,
including wind speed and wind flow information, in order to monitor or characterize
wind resources at or near a small wind energy system.
Owner means the person
that owns a small wind energy system or met tower and the property on which the
small wind energy system or met tower is located.
Small
wind energy system
means a wind energy system that has a nameplate capacity of 100 kilowatts or
less, has a total height of 170 feet or less, and is primarily used to generate
energy for use by its owner.
Total
height
means the vertical distance from ground level to the tip of a wind generator
blade when the tip is at its highest point.
Tower means either the freestanding,
guyed, or monopole structure that supports a wind generator or the
freestanding, guyed, or monopole structure that is used as a met tower.
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
generator
means the mechanical and electrical conversion components mounted at the top of
a tower in a wind energy system.
Part III.
GENERAL STANDARDS.
4.08 Standards -
Small Wind Energy System.
A small wind energy system is a permitted
use in any district subject to the following requirements:
(1)
Setbacks.
A tower in a small wind energy system must be set back:
(a)
at
least 1.2 times its total height from the property line of the property on which
it is located;
(b)
at
least 1.2 times its total height from any public road or power line right-of-way.
(2)
Noise.
The noise generated by the operation of a small wind energy system may not exceed
5 dB(A) as measured at any point on 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 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.
(3)
Blade
Clearance. The vertical distance from ground level to the tip of a wind generator
blade when the blade is at its lowest point must be at least 30 feet.
(4)
Access.
All ground-mounted electrical and control equipment must be labeled and secured
to prevent unauthorized access. A tower may not have step bolts or a ladder within
8 feet of the ground that is readily accessible to the public.
(5)
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, must be located
underground.
(6)
Lighting.
A wind tower and generator may be artificially lighted only if lighting is required
by the Federal Aviation Administration.
(7)
Appearance,
Color, and Finish. The exterior surface of any visible component of a small
wind energy system must be a non-reflective, neutral color.
(8)
Signs.
No sign, other than a warning sign or installer, owner, or manufacturer identification
sign, may be placed on any component of a small wind energy system if the sign
is visible from a public road.
(9)
Code
Compliance. A small wind energy system must comply with the National Electrical
Code and all applicable state construction and electrical codes. The owner must
provide certification from a state licensed inspector showing that the small
wind energy system complies with all applicable codes before placing the small
wind energy system into operation.
(10)
Signal
Interference.
(a)
The
owner of a small wind energy system or met tower 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.
(b)
A
small 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.
(11)
Utility
Interconnection. A small wind energy system that connects to the electric utility
must comply with Wis. Admin. Code § PSC 119 Rules for Interconnecting Distributed
Generation Facilities.
4.09 Standards - Met
Tower.
A met tower is a permitted use in any
district subject to the same standards as a small wind energy system set forth
in sec. 4.08, except for the standards contained in subs. 4.08(2) and(3).
4.10 Building
Permit.
(1)
Permit
Requirement. A zoning permit is required for the installation of a small wind energy
system or a met tower, and the owner must apply for a building permit and pay the
fee for a permitted accessory use. The application will be processed following
the procedures set forth in sec. 1.48.
(2)
Site
Plan Review. A site plan must be submitted and provide the following additional
information as part of the permit application:
(a)
Location
of any overhead utility lines on or adjacent to the property;
(b)
Description
and specifications of the components of the small wind energy system, met
tower, or both, including the manufacturer, model, capacity, blade length, and
total height of any small wind energy system; and
(c)
Blueprints
or drawings which have been approved by a registered professional engineer for
any tower and tower foundation.
(3)
If
the permit application is denied, the Administrator will notify the owner in
writing and provide a written statement of the reason why the application was
denied. The owner may appeal the Administrator’s decision to the Board of
Adjustment as provided by sec. 1.53.
(4)
Expiration.
A permit expires if the small wind energy system or met tower is not installed
and functioning within 12 months from the date the permit is issued.
4.11 Abandonment.
(1)
A
small wind energy system or met tower that is out-of-service for a continuous period
of 12 months will be deemed abandoned and the Administrator may issue a Notice
of Abandonment to the owner.
(2)
If,
within 30 days of receipt of a Notice of Abandonment, the owner provides the
(3)
Administrator
with information showing that the small wind energy system or met tower has not
been abandoned, the Administrator will withdraw the Notice.
(4)
Unless
the Administrator withdraws the Notice of Abandonment, a small wind energy
system or met tower must be removed within 90 days of the Notice of
(5)
Abandonment
and the site must be reclaimed to a depth of 4 feet. If the owner fails to
remove a small wind energy system or met tower and reclaim the site, the town may
remove or cause the removal of the small wind energy system or met tower and the
reclamation of the site. The cost of removal and reclamation will become a lien
upon the property and may be collected in the same manner as property taxes.
Part IV.
ADMINISTRATION and ENFORCEMENT.
4.12 Violations.
(1)
It
is unlawful for any person to construct, install, or operate a small wind
energy system or met tower that is not in compliance with this ordinance or
with any condition contained in a zoning permit issued pursuant to this
ordinance. A small wind energy system or met tower that was installed prior to
the effective date of this ordinance is exempt from the requirements of this
ordinance.
(2)
It
is unlawful for a person to disobey; fail, neglect, or refuse to comply with;
or otherwise resist an order issued pursuant to this ordinance.
(3)
A
separate offense is deemed committed on each day that a violation occurs or continues.
4.13 Enforcement.
(1) 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).
(2) 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).
(3) 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).
(4) 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.
(5) Nothing in this
section shall be construed to prevent the town from using any other lawful
means to enforce this ordinance.
4.14 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.