The following setbacks and separation requirements
shall apply to all large wind energy systems.
A.
Each wind energy system shall be set back from the
nearest occupied structure a distance of no less than 1,000 feet.
B.
Municipal boundaries. Each wind energy system shall
be sited at least 1,000 feet from the nearest boundary of all sewer
service planning areas or sewer service boundary or 1,000 feet from
an incorporated municipal boundary, whichever is greater. The setback
shall be determined by utilizing the area or boundary existing at
the time of the permit application.
C.
Property lines. Each wind energy system shall be set
back from the nearest property line a distance of no less than 1.1
times its total height, unless appropriate easements are secured from
adjacent property owners for a lesser setback. The easement must be
recorded with the Register of Deeds.
D.
Public roads. Each wind energy system shall be set
back from the nearest public road a distance of no less than 1.1 times
its total height, determined as the nearest boundary of the underlying
right-of-way for such public road. The Buchanan Town Board may grant
a waiver to this provision when strict enforcement would not serve
the public interest.
The blade tip on any large wind energy system
shall, at its lowest point, have a ground clearance of no less than
75 feet.
A.
Road analysis. The permit applicant shall reimburse
the County or Town for any and all repairs and reconstruction to County
or Town roads resulting directly from the construction of the wind
energy facility. A qualified independent third party or other qualified
person, agreed to by the County or Town and permit applicant and paid
for by the permit applicant, shall be hired to pre-inspect the roadways
to be used during construction of the wind energy facility and again
30 days after the wind energy facility is completed. Any road damage
done by the permit applicant or one or more of its contractors or
subcontractors shall be repaired or reconstructed at the permit applicant's
expense.
B.
Construction completion notification. The permit applicant
shall provide the County or Town with written notice of completion
of construction within 30 days after the wind energy facility construction
is complete. Determination as to how the roads should be repaired
or reconstructed, within Wisconsin Department of Transportation standards
for counties and townships or Town standards, if they exist, must
be completed before the wind energy facility is commissioned.
C.
Payment for damages. At the end of the wind energy
facility construction, the County or Town Board of Supervisors will
negotiate the percentage of road repair or reconstruction costs that
will be paid by the permit applicant based on the independent third
party's evaluations. The repair or reconstruction costs will be based
on the cost of the repair at the time the work is actually done. Actual
work on the road repair or reconstruction will occur at the earliest
possible time.
D.
Road damage. Any road damage caused by the permit
holder or their agents during the repair, replacement or decommissioning
of any wind energy system(s) during the life of the project shall
be paid by the permit holder per the above language.
A.
Preapplication public meeting. An applicant for a
large wind energy facility may request, at applicant's expense, a
preapplication meeting with the Town Board and/or Plan Commission
at which no official Town action shall be taken. In no instance shall
this meeting take the place of a formal public hearing or a neighborhood
review meeting.
B.
Notice provisions. The Code Administrator shall notify,
by mail, all of the following individuals that an application has
been submitted. The notice shall be mailed within 10 days of receiving
a completed application and site plan.
C.
Identification of the property owners to receive a
notice shall be based upon parcels and property owners recorded in
the Outagamie County Real Property Lister Office. The failure of such
notice to reach any of the property owners identified shall not invalidate
any site plan review meeting.
D.
The notice shall include the following information:
(1)
Name of the applicant, property owner, and corporation
(if applicable).
(2)
Location of the subject property.
(3)
General description of the operation.
(4)
Information apprising the notice recipients of the
date, time and place of the neighborhood review meeting.
(5)
A statement noting that written correspondence shall
be accepted by the Plan Commission until 4:00 p.m. of the day prior
to the meeting. The notice shall state that the concerns expressed
in such correspondence will be summarized at the meeting by the Code
Administrator but that the applicant will not be required to address
said concerns unless similar concerns are expressed by persons in
attendance at the meeting.
A.
Purpose. The purpose of the meeting is to try to negate
any potential conflicts between the applicant and surrounding property
owners by providing an opportunity for the neighboring property owners
and the applicant to reach an understanding on the planned use of
a site. Wind energy facilities are permitted in the Town of Buchanan,
provided the operation is in compliance with this chapter. The ability
of the applicant to create, enlarge or modify a wind energy facility
is not debatable at this meeting. Section 66.0401, Wis. Stats., makes
it clear that the Town is limited in what conditions it may impose
upon an applicant for wind energy facilities. The neighborhood review
meeting is designed to give information to the surrounding property
owners of the proposed operational plan and to allow them an opportunity
to make suggestions so that conflicts can be minimized. It is expected
that the parties will attempt to find solutions so that new or expanded
wind energy facilities are compatible with the existing neighborhood
properties.
B.
Neighborhood review meeting. The Code Administrator
shall schedule a meeting within 15 days of notifying individuals a
completed application has been submitted to the Plan Commission. The
Code Administrator shall preside over the meeting. The meeting is
to be conducted in an atmosphere of informality. Direct dialogue between
the parties shall be allowed, provided fairness to all parties and
orderliness do not suffer. The Code Administrator shall:
(1)
Ensure that all parties have adequate opportunity
to participate in the proceedings.
(2)
Summarize any written correspondence.
(3)
Facilitate orderly conduct to ensure fulfillment of
the purpose of the meeting.
(4)
Raise concerns held by the Plan Commission that are
not otherwise addressed at the meeting.
(5)
Assist the parties in arriving at a consensus on the
proposed site plan by offering solution suggestions.
C.
Procedure:
(1)
The applicant shall first present to the assemblage
details of the proposed project.
(2)
Following the presentation, the neighborhood property
owners and their agents and residents who live within the one-half-mile
area may question the applicant about details that remain unclear.
(3)
After the questioning period, the presider will summarize
any written correspondence, and the neighborhood property owners and
their agents may suggest changes to the proposed site plan.
(4)
Only neighborhood property owners, or their agents, within the notification distance specified in § 513-22 shall be eligible to suggest a site plan changes and be party to any subsequent dialogue with the applicant regarding those suggested changes.
(5)
The surrounding neighbors may suggest changes to the
site plan in the following areas only:
D.
If the neighborhood property owners present no suggestions,
the applicant shall assume there are no objections to the site plan,
and the Code Administrator, upon finding compliance with this chapter,
shall issue a wind energy siting permit within 30 days.
E.
If suggestions are offered, the applicant may agree
to amend the site plan to reflect those suggestions and submit the
site plan to the Plan Commission.
F.
If the application and site plan are in compliance
with the provisions of this chapter, the Code Administrator shall
issue a permit within 30 days.
A.
An applicant shall complete an environmental assessment
of the project consistent with requirements from the U.S. Department
of Housing and Urban Development (HUD) CDBG Small Cities Program.
B.
Consistent with HUD requirements, after completing
the environmental assessment, the applicant shall make a determination
classifying the project as having no significant impact or having
a significant impact. An environmental impact statement (EIS) shall
be required for any projects determined to have a significant impact.
