The State Public Service Commission is now responsible for promulgating
regulations for the installation and use of wind energy systems and,
per § 196.378(4g)(b), Wis. Stats., no political subdivision
may place any restriction, either directly or in effect, on the installation
or use of a wind energy system that is more restrictive than the rules
promulgated by the Commission. To the extent any provision in this
article is deemed unconstitutional or in violation of state law it
will not be enforced; all other provisions will be enforced in their
entirety.[1]
A.
Approval required.
(1)
No owner shall, within the Town of Vinland on a nonagricultural parcel,
build, construct, use or place any type or kind of wind energy system
in any residential district without holding the appropriate conditional
use permit for said system.
(2)
No wind energy system shall be erected in an agriculturally zoned
district unless such system is located a minimum of 100 feet from
a residential property line.
B.
Separate permit required for each system. A separate conditional
use permit shall be required for each system. Said permit shall be
applicable solely to the systems, structures, use and property described
in the permit.
C.
Basis of approval. The Town Board shall base its determinations on
general considerations as to the effect of such grant on the health,
general welfare, safety and economic prosperity of the Town and, specifically,
of the immediate neighborhood in which such use would be located,
including such considerations as the effect on the established character
and quality of the area, its physical attractiveness, the movement
of traffic, the demand for related services, the possible hazardous,
harmful, noxious, offensive or nuisance effect as a result of noise,
dust, smoke or odor, and such other factors as would be appropriate
to carry out the intent of this chapter.
D.
WIND ENERGY SYSTEMS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
"Windmills" which are used to produce electrical or mechanical
power.
A.
Application. The permit application for a wind energy system shall
be made to the Zoning Administrator/Permit Issuer on forms provided
by the Town of Vinland. The application shall include the following
information:
(1)
The name and address of the applicant.
(2)
The address of the property on which the system will be located.
(3)
Applications for the erection of a wind energy conversion system
shall be accompanied by a plat or survey for the property to be served,
showing the location of the generating facility and the means by which
the facility will provide power to structures. If the system is intended
to provide power to more than one premises, the plat or survey shall
show all properties to be served and the means of connection to the
wind energy conversion system. A copy of all agreements with system
users off the premises shall accompany the application. The application
shall further indicate the level of noise to be generated by the system
and provide assurances as to the safety features of the system. Energy
easements shall accompany the application.
(4)
An accurate and complete written description of the use for which
a special grant is being requested, including pertinent statistics
and operational characteristics.
(5)
Plans and other drawings showing proposed development of the site
and buildings, including landscape plans, location of parking and
service areas, driveways, exterior lighting, type of building material,
etc., if applicable.
(6)
Any other information which the Zoning Administrator, Town Board
or Building Inspector may deem to be necessary to the proper review
of the application.
(7)
The Zoning Administrator shall review the application and, if the
application is complete and contains all required information, shall
refer it to the Town Board.
B.
Hearing. Upon referral of the application, the Town Board shall schedule a public hearing thereof following the procedures for conditional use permits in Article IV.
C.
Determination. Following public hearing and necessary study and investigation,
the Town Board shall, as soon as practical, render its decision and
a copy be made a permanent part of the Board's minutes. Such decision
shall include an accurate description of the special use permitted,
of the property on which permitted, and any and all conditions made
applicable thereto, or, if disapproved, shall indicate the reasons
for disapproval. The Town Board may impose any conditions or exemptions
necessary to minimize any burden on the person affected by granting
the special use permit.
D.
Termination. When a special use does not continue in conformity with
the conditions of the original approval, or where a change in the
character of the surrounding area or of the use itself cause it to
be no longer compatible with surrounding areas, or for similar cause
based upon consideration for the public welfare, the special grant
may be terminated by action of the Town Board following a public hearing
thereon.
E.
Changes. Subsequent change or addition to the approved plans or use
shall first be submitted for approval to the Town Board and if, in
the opinion of the Town Board, such change or addition constitutes
a substantial alteration, a public hearing before the Town Board shall
be required and notice thereof be given.
F.
Approval does not waive permit requirements. The approval of a permit
under this article shall not be construed to waive the requirement
to obtain electrical, building or plumbing permits prior to installation
of any system.
A.
Additional standards. Wind energy conversion systems, commonly referred
to as "windmills," which are used to produce electrical power, shall
also satisfy the requirements of this section in addition to those
found elsewhere in this article.
B.
Application. Applications for the erection of a wind energy conversion
system shall be accompanied by a plat or survey for the property to
be served, showing the location of the generating facility and the
means by which the facility will provide power to structures. If the
system is intended to provide power to more than one premises, the
plat or survey shall show all properties to be served and the means
of connection to the wind energy conversion system. A copy of all
agreements with system users off the premises shall accompany the
application. The application shall further indicate the level of noise
to be generated by the system and provide assurances as to the safety
features of the system. Energy easements shall accompany the application.
C.
Construction. Wind energy conversion systems shall be constructed
and anchored in such a manner to withstand wind pressure of not less
than 40 pounds per square foot in area.
D.
Noise. The maximum level of noise permitted to be generated by a
wind energy conversion system shall be 50 decibels, as measured on
a dB(A) scale, measured at the lot line.
E.
Electromagnetic interference. Wind energy conversion system generators
and alternators shall be filtered and/or shielded so as to prevent
the emission of radio-frequency energy that would cause any harmful
interference with radio and/or television broadcasting or reception.
In the event that harmful interference is caused subsequent to the
granting of a conditional use permit, the operator of the wind energy
conversion system shall promptly take steps to eliminate the harmful
interference in accordance with Federal Communications Commission
regulations.
F.
Location and height. Wind energy conversion systems shall be located
in the rear yard only and shall meet all setback and yard requirements
for the district in which they are located and, in addition, shall
be located not closer to a property boundary than a distance equal
to their height. Wind energy conversion systems are exempt from the
height requirements of this chapter; however, all such systems over
75 feet in height shall submit plans to the Federal Aviation Administration
(FAA) to determine whether the system is to be considered an object
affecting navigable air space and subject to FAA restrictions. A copy
of any FAA restrictions imposed shall be included as a part of the
wind energy conversion system conditional use permit application.
G.
Fence required. All wind energy conversion systems shall be surrounded
by a security fence not less than six feet in height. A sign shall
be posted on the fence warning of high voltage. (The Town Board may
adjust or delete the fence requirement if health and safety concerns
are satisfied based on engineered design.)
[Amended 9-13-2000]
H.
Utility company notification. The appropriate electric power company
shall be notified, in writing, of any proposed interface with that
company's grid prior to installing said interface. Copies of comments
by the appropriate utility company shall accompany and be part of
the application for a conditional use permit.
