[HISTORY: Adopted by the Village Board of the Village of
Stratford as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-14-2009]
The Board of Trustees of the Village of Stratford adopts this
article to promote the effective and efficient use of wind energy
conversion systems (WECS) and to regulate the placement of wind energy
conversion systems so that the public health and safety will not be
jeopardized.
The Board of Trustees of the Village of Stratford further finds
and declares that:
A.
Wind turbines that convert wind energy to electricity are currently
available on a commercial basis from many manufacturers.
B.
The generation of electricity from properly sited wind turbines can
be cost effective, and in many cases existing power distribution systems
can be used to transmit electricity from wind-generating stations
to utilities and other users.
C.
Regulation of the site selection and installation of wind turbines
is necessary for the purpose of protecting the health and safety of
neighboring property owners and the general public.
As used in this article, the following terms shall have the
meanings indicated:
A mechanism used to limit the speed of blade rotation to
below the design limits of the WECS.
The plot of land where the WECS is to be placed. The site
could be public or privately owned by an individual or a group of
individuals controlling single or adjacent properties.
The largest area of the WECS which extracts energy from the
wind stream. In a conventional propeller-type WECS, there is a direct
relationship between swept area and the rotor diameter.
The height of the tower and the furthest vertical extension
of the WECS.
A machine that converts the kinetic energy in the wind into
a usable form (commonly known as a "wind turbine" or "windmill").
The WECS includes all parts of the system except the tower and the
transmission equipment; the turbine or WECS may be on a horizontal
or vertical axis, rotor, or propeller.
Wind energy conversion systems shall be permitted in only R-4
Rural Development and I-1 General Industrial Zoning Districts, subject
to the following requirements:
A.
The building permit application for a WECS shall be accompanied by
a plot plan drawn in sufficient detail to clearly describe the following:
(1)
Name and address of the applicant.
(2)
Address, property lines and physical dimensions of the site on which
the system will be located.
(3)
Location and elevation of the proposed WECS.
(4)
Location of all aboveground utility lines on site or within one radius
of the total height of the WECS.
(5)
Location and size of structures and trees above 35 feet within a
five-hundred-foot radius of the proposed WECS. For purposes of this
requirement, electrical transmission and distribution lines, antennas
and slender or open lattice towers are not considered structures.
(7)
Make, model, picture and manufacturer's specifications, including
noise decibels.
B.
Installation of all wind energy conversion systems shall comply with
the following requirements:
(1)
WECS size, as covered in this article, shall be a swept area of 1,000
square feet or less. (For conventional propeller WECS, this would
be approximately 35 feet or less in diameter.)
(3)
Compliance with Uniform Building Code.[1]
(a)
Building permit applications shall be accompanied by standard
drawings of the structural components of the wind energy conversion
systems, including support structures, tower, base and footings. Drawings
and any necessary calculations shall be certified, in writing, by
a Wisconsin registered professional engineer that the system complies
with the Wisconsin State Uniform Building Code. This certification
would normally be supplied by the manufacturer.
(b)
Where the structural components of an installation vary from
the standard design or specifications, the proposed modifications
shall be certified by a Wisconsin registered professional engineer
for compliance with the seismic and structural design provisions of
the Wisconsin Uniform Building Code.
(4)
Compliance with National Electrical Code.
(a)
Building permit applications shall be accompanied by a line
drawing identifying the electrical components of the wind system to
be installed in sufficient detail to allow for a determination that
the manner of installation conforms to the National Electrical Code.
The application shall include a statement from the Wisconsin registered
professional engineer indicating that the electrical system conforms
to good engineering practices and complies with the National Electrical
Code. This certification would normally be supplied by the manufacturer.
All equipment and materials shall be used or installed in accordance
with such drawings and diagrams.
(b)
Where the electrical components of an installation vary from
the standard design or specifications, the proposed modifications
shall be reviewed and certified by a Wisconsin registered professional
engineer for compliance with the requirements of the National Electrical
Code and engineering practices.
(5)
Rotor safety must be maintained by equipping each WECS with both
manual and automatic controls to limit the rotational speed of the
blade below the design limits of the rotor. The application must include
a statement by a Wisconsin registered professional engineer certifying
that the rotor and overspeed controls have been designed and fabricated
for the proposed use in accordance with good engineering practices.
The engineer should also certify the structural compatibility of possible
towers with available rotors. This certification would normally be
supplied by the manufacturer and include the distance and trajectory
of the thrown blade from an exploding turbine or propeller according
to the loss of blade theory.
(6)
Anchor points for guy wires for the WECS tower shall be located within
property lines and not on or across any aboveground electric transmission
or distribution line. The point of ground attachment for the guy wires
shall be enclosed by a fence six feet high.
(8)
The WECS shall meet the requirements of any existing noise ordinance
of the Village of Stratford.
(9)
No WECS shall be installed in any location along the major axis of
an existing microwave communications link where the operation of the
WECS is likely to produce an unacceptable level of electromagnetic
interference, unless the applicant provides sufficient evidence satisfactory
to the Zoning Administrator of the Village of Stratford indicating
the degree of expected interference and the possible side effect on
the microwave communication link. If it is demonstrated to the Zoning
Administrator that a WECS is causing harmful interference for radio,
television, or Internet transmissions, the operator shall promptly
mitigate the harmful interference.
(10)
At least one sign shall be posted at the base of the tower warning
of electrical shock or high voltage.
(11)
The minimum height of the lowest part of the WECS shall be 30
feet above the highest existing major structure or tree within a two-hundred-fifty-foot
radius. For purposes of this requirement, electrical transmission
and distribution lines, antennas and slender or open lattice towers
are not considered structures. WECS shall be located or installed
in compliance with the guidelines of the Federal Aviation Administration
(FAA) regulations with regard to airport approach zones.
(12)
The minimum lot size required for the erection, construction,
or placement of a WECS on a property shall be five acres.
(13)
Setbacks.
(a)
Except as provided for under Subsection B(6), the WECS shall be set back from any property line, aboveground utility line or other WECS a distance greater than either its overall height, including blades, or the minimum yard requirement, whichever is greater.
(b)
In the case of cluster development, a WECS shall be erected within the common open space area and shall be set back from all residences a distance greater than Subsection B(13)(a) above.
(c)
Contiguous property owners may construct a WECS for use in common,
provided that the required setback is maintained relative to the property
lines of nonparticipant owners.
(14)
For those WECS which will be interconnected to a utility grid,
no wind turbine shall be installed until evidence has been given that
the utility company has been notified in writing.
(15)
If a WECS is not maintained in operational condition for a period
of one year or poses a potential safety hazard, the owner or operator
shall take action to remedy the situation. The Village of Stratford
reserves the authority to abate any hazardous situation and to pass
the cost of such abatement on to the owner or operator of the system.
If the Village of Stratford determines that the WECS has been abandoned
and poses a safety hazard, the system shall be removed within 45 days
of written notice to the owner or operator of the system.
(16)
The applicant, owner, lessee or assignee shall maintain a current
insurance policy which will cover installation and operation of the
WECS at all times. Said policy shall provide a minimum of $300,000
of property and personal liability coverage. A certificate of insurance
must be provided to the Village of Stratford annually.
(17)
Lighting of the tower for aircraft and helicopters will conform
to FAA standards for wattage and color.
(18)
The project must be viewed for visual pollution, and the Village
of Stratford may require an environmental impact statement.
A.
Installation of a WECS shall require the granting of a conditional
use permit.
B.
Application for a conditional use permit shall be made, in writing,
to the Plan Commission in accordance with the requirements of the
Village of Stratford. The application shall be accompanied by the
required hearing fee and include the following information:
(1)
Name and address of the applicant.
(2)
Evidence that the applicant is the owner of the premises involved
or that the applicant has written permission of the owner to make
such an application.
(3)
A plot plan and development plan drawn in sufficient detail to clearly
describe:
(a)
Property line and physical dimensions of the proposed site;
(b)
Location, approximate dimensions and types of major existing
structures and uses of the site;
(c)
Location and elevation of the proposed WECS;
(d)
Location of all aboveground utility lines and other WECS on
site or within one radius of the total height of the proposed WECS,
including the furthest vertical extension of the rotor assembly;
(e)
Location and size of structures or trees above 35 feet within
a five-hundred-foot radius of the proposed WECS. For purposes of this
requirement, electrical transmission and distribution lines, antennas
and slender or open lattice towers are not considered structures;
(f)
Where applicable, the location of all transmission facilities
proposed for installation; and
(g)
Where applicable, the location of all road and other service
structures proposed as part of the installation.
C.
The Zoning Administrator or his designee shall have the right at
any reasonable time to enter, in the company of the owner or his agent,
the premises on which a WECS has been constructed to inspect all parts
of said WECS installation and require that repairs or alterations
be made, if in his judgment there exists a deficiency in the operation
or in the structural stability of the system. If necessary, the Zoning
Administrator or his designee may order the system secured or otherwise
cease its operation. It shall not be required that the owner or his
agent be present in the event of an emergency situation involving
danger to life, limb or property.[1]
Any person who violates any provision of this article shall be subject to a penalty as provided in § 1-5 of this Code.
Every conditional use permit granted under this article shall
be a required recording on the property with the County Register of
Deeds office. Proof of recording must be provided by the property
owner to the Clerk of the Village of Stratford within 90 days of the
granting of the conditional use permit. Failure to record the conditional use permit
within the ninety-day period will result in immediate revocation of
the conditional use permit.
[Adopted 6-9-2009]
The Board of Trustees of the Village of Stratford adopts this
article to promote the effective and efficient use of solar energy
systems (SES) and to regulate the placement of solar collector systems
so that the public health and safety will not be jeopardized.
A.
Installation of a solar energy system shall require the granting
of a conditional use permit.
B.
Application for a conditional use permit shall be made, in writing,
to the Plan Commission in accordance with the requirements of the
Village of Stratford. The application shall be accompanied by the
required hearing fee and include the following information:
C.
The Zoning Administrator or his/her designee shall have the right
at any reasonable time to enter, in the company of the owner or his
agent, the premises on which a solar energy system has been constructed
to inspect all parts of said SES installation and require that repairs
or alterations be made within 30 days if, in his/her judgment, there
exists a deficiency in the operation or in the structural stability
of the system. If necessary the Zoning Administrator or his/her designee
may order the system secured or otherwise cease its operation. It
shall not be required that the owner or his agent be present in the
event of an emergency situation involving danger to life, limb or
property.[1]
D.
Determination. The Plan Commission shall recommend the issuance of
a conditional use permit to the Village Board if it is determined
that:
(1)
The granting of the permit will not unreasonably interfere with the
orderly land use and development plans of the Village;
(2)
No person has demonstrated that he has present plans to build a structure
that creates an impermissible interference by showing that he has
applied for a building permit prior to receipt of a required notice
and has expended at least $500 on planning and designing such a structure
or by submitting any other credible evidence that he made substantial
progress toward planning or constructing a structure that would create
an impermissible interference; and
(3)
The benefits to the applicant and the public will exceed any burdens.
E.
Conditional approval. The Village Board may grant a permit subject
to any condition or exemption deemed necessary to minimize the possibility
that the future development of nearby property will create an impermissible
interference or to minimize any other burden on any person affected
by granting the permit. Such conditions or exemptions include, but
are not limited to, restrictions on the location of the collector
and requirements for the compensation of persons affected by the granting
of the permit.
F.
Record of permit. If the Village Board grants a permit, the Village
Board shall specify the property restricted by the permit and shall
prepare notice of the granting of the permit. The notice shall include
the identification required under § 706.05(2)(c), Wis. Stats.,
for the owner and the property upon which the solar collector is or
will be located and for any owner and property restricted by the permit
and 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
an agreement affecting the property is filed.
G.
Remedies for impermissible interference. Any person who uses property
which he owns or permits any other person to use the property in a
way which creates an impermissible interference under a permit which
has been granted or which is the subject of an application shall be
liable to the permittee or applicant for damages, for any loss due
to the impermissible interference, and for court costs and reasonable
attorney fees unless:
H.
Permit holder. A permit holder is entitled to an injunction to require
the trimming of any vegetation which creates or would create an impermissible
interference as defined. If the court finds on behalf of the permit
holder, the permit holder shall be entitled to a permanent injunction,
damages, court costs and reasonable attorney fees.
I.
Termination of solar access rights.
(1)
Any right protected by a permit under this section shall terminate
if the Plan Commission determines that the solar collector which is
the subject of the permit is:
(2)
The Plan Commission shall give the permit holder written notice and
an opportunity for a hearing on a proposed termination.
(3)
If the Plan Commission terminates a permit, the Plan Commission may
charge the permit holder for the cost of recording and record a notice
of termination with the Village Clerk, who shall record the notice
or indicate on any notice recorded that the permit has been terminated.
J.
Waiver. A permit holder by written agreement may waive all or part
of any right protected by a permit. A copy of such agreement shall
be recorded with the Village Clerk, who shall record such copy with
the notice.
K.
Preservation of rights. The transfer of title to any property shall
not change the rights and duties under this section.
A.
This article may not be construed to require that an owner obtain
a permit prior to installing a solar collector.
B.
This article may not be construed to mean that acquisition of any
renewable energy easement under § 700.35, Wis. Stats., is
in any way contingent upon the granting of a permit under this article.
The Village may provide for the trimming of vegetation which
blocks solar energy, as defined under § 66.0403(1)(k), Wis.
Stats., from a collector surface, as defined under § 700.41,
Wis. Stats. This section includes the designation of the solar collector
owner as the person responsible for the cost of removing the vegetation.
A.
The Village Zoning Administrator and/or his/her representative shall
have the right, at any reasonable time, to enter in the company of
the owner or his/her agent the premises on which a solar energy system
has been constructed to inspect all parts of said solar energy system
installation and require that repairs or alterations be made within
30 days if, in his/her judgment, there exists a deficiency in the
structural stability of the system.
Any person who violates any provision of this article shall be subject to a penalty as provided in § 1-5 of this Code.
Every conditional use permit granted under this article shall
be a required recording on the property with the County Register of
Deeds office. Proof of recording must be provided by the property
owner to the Clerk of the Village of Stratford within 90 days of the
granting of the conditional use permit. Failure to record the conditional
use permit within the ninety-day period will result in immediate revocation
of the conditional use permit.
