The purpose of this article is to provide standards for the
issuance of conditional use permits for wind- energy facilities in
the Town of Ledgeview. The State of Wisconsin encourages the proliferation
of clean, renewable energy resources; however, despite the potential
benefits of wind-energy facilities and their capacity for producing
clean, renewable energy, large wind-energy facilities present serious
potential health and safety hazards due to the nature of their size,
motion and noise. This article is designed to protect public health
and safety as well as impose other reasonable regulations for the
general public welfare that do not significantly increase the cost
of wind-energy facilities, do not decrease the efficiency of wind-energy
facilities or will allow for alternative systems of comparable cost
and efficiency in conformity with § 66.0401, Wis. Stats.
As used in this article, the following terms shall have the
meanings indicated:
Removal of all of the following:
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater
and may include areas with soils less than 60 inches thick over bedrock,
caves, enlarged fractures, mine features, exposed bedrock surfaces,
sinkholes, springs, seeps, swallets, and depressional areas with no
surface drainage.
The nominal hub height plus the nominal blade length of a
wind turbine, as listed in the wind turbine specifications provided
by the wind turbine manufacturer. If not listed in the wind turbine
specifications, "maximum blade tip height" shall mean the actual hub
height plus the blade length.
Real property that is not a participating property.
A residence located on nonparticipating property.
A school, church or similar place of worship, day-care facility
or public library.
A person with a direct ownership interest in the wind-energy
system, regardless of whether the person was involved in acquiring
the necessary rights, permits and approvals or otherwise planning
for the construction and operation of a wind-energy system.
At the time a wind-energy system is being developed, a person
who is acting as a wind-energy system developer by acquiring the necessary
rights, permits and approvals or otherwise planning for the construction
and operation of a wind-energy system, regardless of whether the person
will own or operate the wind-energy system.
An occupied primary or secondary personal residence, including
a manufactured home as defined in § 101.91(2), Wis. Stats.,
a hospital, a community-based residential facility, a residential
care apartment complex or similar facility, or a nursing home, a temporarily
unoccupied primary or secondary personal residence.
A pattern of moving shadows cast on a residence or an occupied
community building caused by sunlight shining through moving wind
turbine blades resulting in alternating changes in light intensity.
When referring to a wind turbine, the distance measured from
ground level to the blade extended at its highest point.
A wind-energy conversion system which converts wind energy
into electricity through the use of a wind turbine generator, and
includes the turbine, blade, tower, base and pad transformer, if any,
provided that such a system shall only be a wind turbine for purposes
of this article if it both has a total height greater than 170 feet
and nameplate capacity of greater than 100 kilowatts.
An electricity-generating facility consisting of one or more
wind turbines under common ownership or operating control, and includes
substations, meteorological towers, cables/wires and other buildings
accessory to such facility, whose main purpose is to supply electricity
to off-site customers. It includes substations, meteorological towers,
cables and wires and other buildings accessory to such facility.
The meaning given in § 66.0403(1)(m), Wis. Stats.,
and is used to convert wind energy to electrical energy.
A wind-energy system that is used to generate electricity
with a total height of 170 feet or less and that has a total installed
nameplate capacity of 300 kilowatts or less and that consists of individual
wind turbines that have an installed nameplate capacity of not more
than 100 kilowatts.
This article is adopted and made applicable within the Town
pursuant to the provisions of § PSC 128.10, Wis. Adm. Code.
This article shall apply to all large wind-energy facilities. Large
wind-energy facilities for which a required permit has been properly
issued prior to the effective date of this article shall not be required
to meet the requirements of this article; provided, however, that
any such preexisting large wind- energy facility which does not provide
energy for a continuous period of 12 months shall meet the requirements
of this article prior to recommencing production of energy. No substantial
modification or alteration to an existing large wind-energy facility
shall be allowed without full compliance with this article.
Applicants for a conditional use permit for a wind-energy facility,
in addition to any other information generally required for conditional
use permits, shall submit the following:
A.
The name, address, legal corporate status and telephone number of
the applicant responsible for the accuracy of the application and
site plan.
B.
The name, address, legal corporate status and telephone number of
the owner of the proposed large wind-energy facility. Should a permit
be issued, this information shall be immediately updated with the
Town Clerk upon any change during the life of the permit, and failure
to do so shall be considered a violation of the conditional use permit.
C.
A signed statement indicating that the applicant has legal authority
to construct, operate, and develop the wind-energy system(s) under
state, federal and local laws and regulations, including Federal Aviation
Administration (FAA), state and local building codes.
D.
The applicant shall also provide copies of the certificate of authority
from the Public Service Commission of Wisconsin and the Public Service
Commission of Wisconsin Environmental Assessment, if applicable.
E.
A description of the number and kind of wind-energy facilities to
be installed.
F.
A description of the height and design of the facility, including
a cross section, elevation, and diagram of how the wind-energy facility
will be anchored to the ground.
G.
A site plan, drawn to a scale of not less than one inch to 50 feet,
showing the parcel boundaries and a legal description, two-foot contours
for the subject site and 100 feet beyond the subject site, Karst features,
support facilities, access, proposed landscaping and fencing.
H.
A detailed overview map, including parcel lines, of the precise location
for all large wind turbine towers as part of the proposed project
in the Town of Ledgeview.
I.
Photo exhibits visualizing the proposed wind-energy facility.
J.
A statement from the applicant that all wind-energy facilities will
be installed in compliance with manufacturer's specifications, and
a copy of those manufacturer's specifications.
K.
A copy of the lease with the landowner if the applicant does not
own the land upon which the proposed large wind-energy facility(ies)
is proposed to be located. A statement from the landowner of the leased
site that he/she will abide by all applicable terms and conditions
of the conditional use permit, if approved.
L.
A statement indicating what hazardous materials will be used and
stored on the site and how those materials will be stored.
M.
A statement describing all lighting for the large wind-energy facility,
including an explanation demonstrating that lighting is the minimum
necessary for safety or security purposes as well as a description
of all techniques used to minimize glare. A signed copy of the Federal
Aviation Administration (FAA) approval shall be supplied to the Town.
N.
Any other information requested by the Town Board deemed reasonably
necessary to evaluate the conditional use application, including,
but not limited to, an avian risk study.
A.
Preapplication notice.
(1)
Preapplication notice. At least 90 days before an owner files
an application to construct either a large wind-energy facility or
a small wind-energy system, the applicant shall use commercially reasonable
methods to provide written notice of the planned wind-energy system
to all of the following and shall provide the Town with confirmation
of such notice:
(2)
Preapplication notice requirements. The owner shall include all of the following information in the preapplication notice provided in Subsection A(1) hereof:
(a)
A complete description of the proposed wind-energy system, including
the number and size of the planned wind turbines.
(b)
A map showing the planned location of all wind-energy system
facilities.
(c)
Contact information for the owner.
(d)
A list of all potential permits or approvals the owner anticipates
will be necessary for the construction of the proposed wind-energy
system.
(e)
Whether the owner is requesting a joint application review process
with the Commission and the Town under § PSC 128.30(7),
Wis. Adm. Code.
B.
Preapplication public meeting. An applicant for a large wind-energy
facility may request, at the applicant's expense, a preapplication
public meeting with the Town Board and Planning Commission, at which
no official Town action shall be taken. A preapplication public meeting
may be held in order for the applicant to:
(1)
Inform Town residents of the project.
(2)
Provide informational displays of the areas of the Town that meet
the requirements of the Town ordinance and are likely locations for
a wind turbine tower.
(3)
Provide answers to Town residents' questions.
(4)
Solicit input from Town residents regarding locations for wind
turbine towers within the areas of the Town that meet the requirements
of the Town ordinance, so that exact locations of wind turbine towers
may be identified on the conditional use application by the applicant
when submitted to the Town.
C.
Town residents not able to attend the meeting shall have the option
to provide written comments or questions to the applicant.
D.
In no instance shall this meeting take the place of a formal public
hearing for the conditional use permit.
The following conditions shall be attached to all conditional
use permits under this section:
A.
A building permit shall be obtained from the Town Building Inspector
prior to construction. Separate permits shall be required for each
wind turbine.
B.
Building permit issuance shall be conditioned upon submittal and
approval of a site grading, erosion control and stormwater drainage
plan by the Town Engineer.
C.
Any other required permits to construct and operate a wind-energy
facility must be obtained.
D.
Offices, vehicle storage, or other outdoor storage shall not be permitted.
One accessory storage building may be permitted per wind turbine if
specifically authorized by the Town Board. All accessory structures
shall be constructed with a precast concrete roof to withstand ice
that may fall off the towers. The size and location of any proposed
accessory building shall be shown on the site plan. No other structure
or building is permitted unless used for the express purpose of the
generation of electricity.
E.
A certificate of insurance with a liability coverage of a minimum
of $2,000,000 per incidence, per occurrence, shall be filed with the
Town Clerk prior to construction, naming the Town of Ledgeview as
additional insured. Each renewal period will require a copy of the
certificate of insurance be provided to the Town of Ledgeview. An
expired insurance certificate or an unacceptable liability coverage
amount is grounds for revocation of the conditional use permit.
F.
An irrevocable letter of credit, bond, or cash escrow, held in trust
in favor of the Town of Ledgeview, to recover the costs associated
with removal of a use terminated wind generator and appurtenant facilities
shall be filed with the Town Clerk prior to construction. The amount
of the irrevocable letter of credit, bond, or cash escrow shall be
set by the Town Board prior to conditional use permit approval and
shall remain in effect until released by the Town or the wind-energy
facility is completely dismantled and removed from the site.
G.
Construction shall commence within 12 months of conditional use permit
issuance and be completed within 36 months of conditional use permit
issuance, unless an alternate timeline is approved by the Town Board.
Upon request of an applicant, and for good cause, the Town Board may
grant an extension of time.
H.
Copies of all as-built plans, including structural engineering and
electrical plans for all towers following construction, to the Town
to use for removal of the large wind-energy facility, if the large
wind-energy facility owner or its assigns fail to meet the requirements
of this article.
I.
The owner of a large wind-energy facility shall defend, indemnify,
and hold harmless the Town of Ledgeview and its officials from and
against any and all claims, demands, losses, suits, causes of action,
damages, injuries, costs, expenses, and liabilities whatsoever, including
attorney fees arising out of the acts or omissions of the operator
concerning the operation of the large wind-energy facility without
limitation, whether said liability is premised on contract or tort.
J.
Any other conditions to ensure safety and a proper land use fit to
the surrounding area.
The following design, siting and installation conditions and
criteria shall be conditions of the conditional use permit:
A.
Design conditions and criteria.
(1)
Wind turbines shall be painted a nonreflective, nonobtrusive
color, such as gray, white, or off-white.
(2)
The blade tip of any wind turbine shall have a minimum ground
clearance of 75 feet at its lowest point.
(3)
The design of the buildings and related structures shall, to
the extent possible, use materials, colors, textures, screening, and
landscaping that will blend the large wind-energy facility to the
natural setting and existing environment.
(4)
All landscaping shall be properly maintained, including grass
cutting.
(5)
Wind-energy facilities shall not be artificially lighted, except
to the extent required by the Federal Aviation Administration.
(6)
No form of advertising visible from any public right-of-way
or neighboring property shall be allowed on the pole, turbine, blades,
or accessory buildings or facilities associated with the use of the
large wind-energy facility.
(7)
All wind-energy facilities shall be equipped with a redundant
braking system. This includes both aerodynamic overspeed controls
(including variable pitch, tip, and other similar systems) and mechanical
brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall
regulation shall not be considered a sufficient braking system for
overspeed protection.
(8)
Large wind-energy facilities shall comply with all applicable
building, electrical and other codes and standards.
(9)
Electrical controls, control wiring, and power lines shall be
wireless or not above the ground except where wind farm collector
wiring is brought together for connection to the transmission or distribution
network, adjacent to that network.
B.
Siting conditions and criteria.
(1)
The owner shall design and construct the wind-energy system using the wind turbine setback distances prescribed in Table 1 of § PSC 128.13(1)(a), Wis. Adm. Code, and the provisions of § 135-277 of this Code.
(2)
The owner shall measure the wind turbine setback distances as
a straight line from the vertical center line of the wind turbine
tower to the nearest point on the permanent foundation of a building
or residence or to the nearest point on the property line or feature,
as applicable.
(3)
The owner shall work with the Town and the owners of participating
and nonparticipating properties to site wind turbines to minimize
individual hardships.
(4)
The owner of a nonparticipating residence or occupied building
may waive the applicable wind turbine setback distances prescribed
in Table 1 of § PSC 128.13(1)(a), Wis. Adm. Code, for those
structures to a minimum setback distance of 1.1 times the maximum
blade tip height. The owner of a nonparticipating property may waive
the applicable wind turbine setback distances prescribed in Table
1 of § PSC 128.13(1)(a), Wis. Adm. Code, from a nonparticipating
property line.
C.
Installation conditions and criteria.
(1)
The applicant shall reimburse the relevant governmental entity
(e.g., the Town for Town roads and Brown County for county highways)
for any and all repairs and reconstruction to the public roads, culverts,
and natural drainageways resulting from the construction of the large
wind-energy facility. A qualified independent third party, agreed
to by the relevant governmental entity and permittee, and paid for
by the permittee, shall be hired to inspect the roadways to be used
during construction. This third party shall be hired to evaluate,
document, videotape, and rate road conditions prior to the construction
of the large wind-energy facility and again within 30 days after the
large wind-energy facility project is completed. Any road damage done
by the applicant or subcontractors shall be repaired or reconstructed
at the applicant's expense.
(2)
Where large wind-energy facility construction cuts through a
private or public drain tile field, the drain tile shall be repaired
and reconnected to properly drain the site to the satisfaction of
the landowner.
(3)
Any recorded access easement across private lands to a large
wind-energy facility shall in addition to naming the large wind-energy
facility owner as having access to the easement also name the Town
of Ledgeview as having access to the easement for purposes of inspection
or decommissioning with twenty-four-hour advance notice to the property
owners and large wind-energy facility owner.
(4)
The owner of a large wind-energy facility shall reimburse the
Town of Ledgeview for any and all legal notices, meeting fees, and
reasonable fees for consulting, legal advice, and engineering. The
Town shall submit copies of all related Town-paid invoices to the
large wind-energy facility owner for repayment to the Town.
In addition to the siting conditions and criteria set out in § 135-276B, the following setback requirements shall be conditions of the conditional use permit applicable to each wind turbine:
A.
Inhabited structures. Each wind turbine shall be set back from the
nearest inhabited building a distance as prescribed in Table 1 of
§ PSC 128.13(1)(a), Wis. Adm. Code. The Town Board may modify
this requirement upon the consent of the owner of the relevant building
to decrease the setback. In no instance shall the setback be decreased
to less than 1.1 times the total height of the wind turbine. A consent
to such modification shall be signed by the impacted property owner(s)
and recorded with the property with the Brown County Register of Deeds.
B.
Property lines. Each wind turbine shall be set back from the nearest
property line a distance as prescribed in Table 1 of § PSC
128.13(1)(a), Wis. Adm. Code. The Board may modify this provision
where strict enforcement would not serve the public interest and upon
consent of the neighboring property owner impacted by the waiver.
A consent to such modification shall be signed by the impacted property
owner(s) and recorded with the Brown County Register of Deeds.
C.
Public roads. Each wind turbine shall be set back from the nearest
public road right-of-way a distance of no less than 1.1 times the
maximum blade tip height. The Town Board may modify this provision
where the public interest in erecting the wind turbine is out weighed
by the public interest in strict enforcement of this setback.
D.
Communication and utility lines. The large wind-energy facility must
meet all utility company setbacks and/or easements as well as the
setback provisions prescribed in Table 1 of § PSC 128.13(1)(a),
Wis. Adm. Code. The owner of the large wind-energy facility is responsible
for contacting the appropriate utility to determine the location of
all above the ground and underground utility lines, including, but
not limited to, electricity, natural gas, petroleum, propane, cable
television, and fiber optic. Utility line and/or easement locations
shall be provided to the Town of Ledgeview for verification.
E.
Niagara escarpment ledge face. Due to the significance of the Niagara
escarpment ledge face to the character of the Town, the karst features,
including, but not limited to, sinkholes and fractured bedrock associated
with the Niagara escarpment, the potential for groundwater contamination
and impact on nearby wells from blasting, and the potential impact
on endangered plants and animals, each wind turbine shall be set back
a minimum of 1,500 feet from the Niagara escarpment ledge face. A
map depicting this setback from the ledge face is on file with the
Town of Ledgeview. This setback may be modified by the Town Board
where such modification does not adversely impact the public health
or safety and if such modification is necessary to avoid significant
increases in the cost of the proposed system or significant decreases
in system efficiency, or no alternative system of comparable cost
or efficiency can be installed without modification of this setback.
The following noise and vibration requirements shall be conditions
of the conditional use permit:
A.
An owner shall operate the wind-energy system so that the noise attributable to the wind-energy system does not exceed 50 dBA during daytime hours and 45 dBA during nighttime hours unless a waiver is obtained from the affected property owners in accordance with Subsection F hereof. If an owner uses sound level measurements to evaluate compliance with this section at a nonparticipating residence or occupied community building, those measurements shall be made as near as possible to the outside wall nearest to the closest wind turbine, or at an alternate wall as specified by the owner of the nonparticipating residence or occupied community building. The owner may take additional measurements to evaluate compliance in addition to those specified by this section.
B.
Wind-energy facilities shall not create a steady, pure tone, such
as a whine, screech, hum, or vibration audible from any residence,
school, hospital, church or public library existing on the date of
issuance of any building permit for a wind turbine. In the event audible
noise due to wind-energy system operations contains a steady pure
tone, such as a whine, whistle, screech, or hum, the owner shall promptly
take corrective action to permanently eliminate the noise. This provision
does not apply to sound the wind-energy system produces under normal
operating conditions. A pure tone exists if the 1/3 octave band sound
pressure level in the band, including the tone, exceeds the arithmetic
average of the sound pressure levels of the two contiguous 1/3 octave
bands by 5 dBA for center frequencies of 500 Hz and above, by 8 dBA
for center frequencies between 160 Hz and 400 Hz, or by 15 dBA for
center frequencies less than or equal to 125 Hz.
C.
In the event the ambient noise level (exclusive of the wind-energy
facility) exceeds the applicable standard given herein, the applicable
standard shall be adjusted so as to equal the ambient noise level.
The ambient noise level shall be expressed in terms of the highest
whole number sound pressure level in dBA, which is exceeded for more
than five minutes per hour. Ambient noise levels shall be measured
at the exterior of potentially affected existing residences, schools,
hospitals, churches, and public libraries. Ambient noise level measurement
techniques shall employ all practical means of reducing the effect
of wind-generated noise at the microphone. Ambient noise level measurements
may be performed when wind velocities at the proposed project site
are sufficient to allow wind turbine operation, provided that the
wind velocity does not exceed 30 mph at the ambient noise level measurement
location.
D.
Any noise level measurement falling between two whole decibels shall
be rounded up.
E.
Any noise monitoring or measurements deemed necessary in the reasonable
discretion of the Town Board to determine compliance with the conditional
use permit shall be considered a service to the property and shall
be paid for by the applicant or wind turbine facility owner, and if
not paid within 30 days, written notice, a copy of which shall be
mailed to the owner of the property if different from the applicant
or wind facility owner, may be placed on the tax roll as a special
charge pursuant to § 66.0627, Wis. Stats.
F.
In the event the noise levels resulting from the wind-energy facility
exceed the criteria listed above, a modification to such levels may
be granted by the Town Board, provided that the following has been
accomplished:
(1)
Written waiver from the affected property owner(s) has been
obtained stating that they are aware of the large wind-energy facility
and noise limitations imposed by this article and that consent is
granted to allow noise levels to exceed the maximum limits otherwise
allowed; and
(2)
A noise impact easement has been recorded in the Brown County
Register of Deeds which describes the benefited and burdened properties
and which advises all subsequent owners of the burdened property that
noise levels in excess of those permitted by this article may exist
on or at the burdened property.
G.
Upon receipt of a complaint regarding a violation of the noise standards in this section, an owner shall test for compliance with the noise limits in Subsection A hereof. The Town Board may require additional testing to show compliance with the noise limits in Subsection A hereof if the owner has not provided the results of an accurate test conducted within two years of the date of the complaint showing that the wind-energy system is in compliance with the noise limits set out in Subsection A hereof at the location relating to the complaint.
H.
Notification.
(1)
Before entering into a waiver agreement under Subsection F hereof, an owner of a wind-energy system shall provide written notice of the requirements of this section to the owner of an affected nonparticipating residence or occupied community building.
(2)
Before the initial operation of the wind-energy system, an owner of a wind-energy system shall provide notice of the requirements of this section to an owner of a nonparticipating residence or occupied community building within 0.5 mile of a constructed wind turbine that has not entered into a waiver agreement under Subsection F hereof.
(3)
All notices required hereunder shall comply with the provisions
of § PSC 128.30, Wis. Adm. Code.
The following signal interference requirements shall be conditions
of the conditional use permit.
A.
An owner shall use reasonable efforts to avoid causing interference
with commercial communications and personal communications to the
extent practicable. An owner may not construct wind-energy system
facilities within existing line-of-sight communication paths that
are used by government or military entities to provide services essential
to protect public safety. The Town may require an owner to provide
information showing that wind turbines and other wind-energy system
facilities will be in compliance with this subsection.
B.
As a further condition of the conditional use permit, all interference
with electromagnetic communications, such as radio, telephone, computers
or television signals, including any public agency radio systems,
shall be substantially mitigated. Public utilities shall comply with
Ch. PSC 113, Subch. VII, Wis. Adm. Code.
C.
All signal interference mitigation undertaken by an owner hereunder
shall comply with the provisions of § PSC 128.16, Wis. Adm.
Code.
Conditions shall be imposed to minimize or mitigate shadow flicker
to any occupied building on the property of nonconsenting landowners.
The following shadow flicker limitations and requirements shall be
conditions of the conditional use permit:
A.
The shadow flicker requirements in this section apply to a nonparticipating
residence or occupied community building that exists when the owner
gives notice under § PSC 128.15(5), Wis. Adm. Code, or for
which complete publicly available plans for construction are on file
with a political subdivision within 30 days of the date on which the
owner gives notice under § PSC 128.15(5), Wis. Adm. Code.
B.
An owner shall design the proposed wind-energy system to minimize
shadow flicker at a residence or occupied community building to the
extent reasonably practicable. An owner shall use shadow flicker computer
modeling to estimate the amount of shadow flicker anticipated to be
caused by a wind-energy system and shall design the wind-energy system
so that computer modeling indicates that no nonparticipating residence
or occupied community building will experience more than 30 hours
per year of shadow flicker under planned operating conditions.
C.
An owner shall operate the wind-energy system in a manner that does
not cause more than 30 hours per year of shadow flicker at a nonparticipating
residence or occupied community building. If a nonparticipating residence
or occupied community building experiences more than 30 hours per
year of shadow flicker under the wind-energy system's normal operating
conditions, the owner shall use operational curtailment to comply
with this subsection.
D.
An owner of a wind-energy system shall:
(1)
Work with an owner of a nonparticipating residence or occupied
community building to mitigate the effects of shadow flicker to the
extent reasonably practicable. An owner shall provide reasonable shadow
flicker mitigation at the owner's expense for a nonparticipating residence
or occupied community building experiencing 20 hours or more per year
of shadow flicker.
(2)
Shall model shadow flicker and a nonparticipating residence
or occupied community building is eligible for mitigation if computer
modeling shows that shadow flicker at the nonparticipating residence
or occupied community building will be 20 hours or more per year.
An owner of a nonparticipating residence or occupied community building
is not required to document the actual hours per year of shadow flicker
if modeling indicates the nonparticipating residence or occupied community
building is eligible for mitigation. A nonparticipating residence
or occupied community building that experiences 20 hours or more per
year of shadow flicker based on records kept by the resident of a
nonparticipating residence or the occupant of an occupied community
building shall also be eligible for mitigation.
E.
An owner may provide shadow flicker mitigation for any residence
or occupied community building in addition to the mitigation required
hereunder and under the provisions of § PSC 128.15, Wis.
Adm. Code. The requirement to mitigate shadow flicker applies when
the owner receives a complaint or request for mitigation regarding
shadow flicker for an eligible nonparticipating residence or occupied
community building. If shadow flicker mitigation is required, the
owner of the wind-energy system shall allow the owner of the nonparticipating
residence or occupied community building to choose a preferred reasonable
mitigation technique, including installation of blinds or plantings
at the wind-energy system owner's expense.
F.
An owner of a wind-energy system and an owner of an affected nonparticipating
residence or occupied community building may enter into an agreement
relieving the wind-energy system owner of shadow flicker requirements
hereunder at the affected nonparticipating residence or occupied community
building. Unless otherwise provided in a contract signed by an owner
of an affected nonparticipating residence or occupied community building,
a waiver by an owner of an affected nonparticipating residence or
occupied community building shall be an encumbrance on the real property
and runs with the land until the wind-energy system is decommissioned
and shall be recorded under Ch. 706, Wis. Stats., as provided under
§ PSC 128.15(4), Wis. Adm. Code.
G.
Notification.
(1)
Before entering into a waiver agreement under Subsection F hereof, a wind-energy system owner shall provide notice of the requirements of this section to individual owners of an affected nonparticipating residence or occupied community building.
(2)
Before the initial operation of the wind-energy system, a wind-energy system owner shall provide notice of the requirements of this section to an owner of a nonparticipating residence or occupied community building within 0.5 mile of a constructed wind turbine that has not entered into a waiver agreement under Subsection F hereof.
(3)
All notices required hereunder shall comply with the provisions
of § PSC 128.30, Wis. Adm. Code.
A.
Physical characteristics.
(1)
No advertising material or signage other than warnings, equipment
information, or indicia of ownership on a wind turbine may be displayed
on any wind turbine. No flag, decorative sign, streamers, pennants,
ribbons, spinners, fluttering, or revolving devices to a wind turbine
may be attached to any wind turbine. An owner may attach a safety
feature or wind-monitoring device to a wind turbine.
(2)
The owner shall ensure that each wind turbine has a conventional
or unobtrusive finish.
(3)
The owner shall install lighting at a wind-energy system that
complies with standards established by the Federal Aviation Administration.
The Town may require use of shielding or control systems approved
by the Federal Aviation Administration to reduce visibility of lighting
to individuals on the ground.
(4)
The owner shall take appropriate measures to ensure that a wind
turbine is not readily climbable except by authorized personnel.
(5)
The owner shall ensure that all wind turbine access doors and
electrical equipment are locked when authorized personnel are not
present.
(6)
The owner shall place appropriate warning signage on or at the
base of each wind turbine.
(7)
The owner shall post and maintain up-to-date signs containing
a twenty-four-hour emergency contact telephone number, information
identifying the owner, and sufficient information to identify the
location of the sign within the wind-energy system. The owner shall
post and maintain these signs at every intersection of a wind-energy
system access road with a public road and at each wind turbine location.
(8)
The owner shall clearly mark guy wires and supports for a wind-energy
system, meteorological tower or other device for measuring wind speeds
so that the wires and supports are visible to low-flying aircraft
under fair weather conditions.
B.
Electrical standards.
(1)
The owner shall construct, maintain, and operate collector circuit
facilities in a manner that complies with the National Electrical
Safety Code and Ch. PSC 114, Wis. Adm. Code, and shall construct,
maintain, and operate all wind-energy system facilities in a manner
that complies with the National Electrical Code.
(2)
The owner shall construct collector circuit facilities for a
wind-energy system underground to the extent practicable.
(3)
The owner shall establish an inspection schedule for all overhead
collector circuits to ensure that third-party facilities, including
cable television and telecommunications cables, are not attached or
bonded to overhead collector circuit grounding. If third-party facilities
are found attached to the overhead collector facilities, the owner
shall ensure that the third-party facilities are promptly removed.
(4)
The owner shall work with the local electric distribution company
to test for stray voltage at all dairy and confined animal operations
within 0.5 mile of a wind-energy system facility pursuant to the stray
voltage protocol established by the PSC before any wind-energy system
construction activity that may interfere with testing commences and
again after construction of the wind-energy system is completed, except
as otherwise specified by the PSC. In compliance herewith, the owner
shall:
(a)
Before any testing hereunder, work with the PSC and the Town
to determine the manner in which stray voltage testing will be conducted
and on which properties. The electric distribution company serving
a dairy or confined animal operation where testing is required shall
conduct or arrange to conduct all required testing at the expense
of the owner.
(b)
Provide the PSC and the Town, in writing, with the results of
all stray voltage testing.
(c)
Work with the electric distribution company and farmowner to
rectify any stray voltage problems attributable to the construction
and operation of the wind-energy system, in compliance with the Commission's
stray voltage protocol.
C.
Construction, operation, and maintenance standards.
(1)
An owner shall construct, operate, repair, maintain and replace
wind-energy system facilities as needed to keep the wind-energy system
in good repair and operating condition and in a manner that protects
individuals from injury.
(2)
An owner shall minimize soil compaction, topsoil mixing and
damage to drainage systems on agricultural land during the construction
or decommissioning of the wind-energy system. A political subdivision
may establish reasonable requirements designed to minimize soil compaction,
topsoil mixing and damage to drainage systems on agricultural land.
(3)
Except for the area physically occupied by the wind-energy system
facilities, an owner shall restore the topography, soils and vegetation
of the project area to original condition after construction is complete,
unless otherwise provided in a contract signed by an affected landowner,
considering any modifications needed to comply with DNR requirements.
(4)
An owner shall carry and maintain in place general liability
insurance relating to claims for property damage or bodily injury
arising from the construction, operation or decommissioning of the
wind-energy system and shall include turbine host property owners
as additional insured persons on the policy.
D.
Emergency procedures.
(1)
An owner shall notify the Town of the occurrence and nature
of a wind-energy system emergency within 24 hours of the wind-energy
system emergency.
(2)
An owner shall work with the Town and with local fire, police,
and other appropriate first responders serving the wind-energy system
to create effective emergency plans that include all of the following:
(a)
A list of the types of wind-energy system emergencies that require notification under Subsection D(1) above.
(b)
Current emergency contact information for first responders and
for the wind-energy system owner, including names and phone numbers.
(c)
Procedures for handling different types of wind-energy system
emergencies, including written procedures that provide for shutting
down the wind-energy system or a portion of the system as appropriate.
(d)
Duties and responsibilities of the owner and of first responders
in the event of a wind-energy system emergency.
(e)
An emergency evacuation plan for the area within 0.5 mile of
any wind-energy system facility, including the location of alternate
landing zones for emergency services aircraft.
(3)
The owner shall review the emergency plan at least annually
in collaboration with fire, police and other appropriate first responders
to update and improve the emergency plan as needed.
(4)
The owner shall provide current copies of the emergency plan
to the Town and local fire, police and other appropriate first responders
as identified by the political subdivision.
E.
The Town may require the owner to provide annual training for fire,
police and other appropriate first responders regarding responding
to a wind-energy system emergency until the wind-energy system has
been decommissioned.
F.
An owner of a wind-energy system shall do all of the following:
(1)
Furnish its operator, supervisors and employees who are responsible
for emergency action a copy of the current edition of the emergency
procedures established under this section to ensure compliance with
those procedures.
(2)
Train the appropriate operating personnel to ensure they have
knowledge of the emergency procedures and verify that the training
is effective.
(3)
As soon as possible after the end of a wind-energy system emergency,
review employee activities to determine whether the procedures were
effectively followed.
A.
All wiring between wind turbines and the large wind-energy facility
substation shall be underground.
B.
Wind turbine towers shall not be climbable up to 15 feet above ground
level and must be located inside of the tower.
C.
All access doors to wind turbine towers and electrical equipment
shall be locked at all times when not being serviced or attended to
by authorized personnel.
D.
Appropriate warning signage shall be placed on wind turbine towers,
electrical equipment, and large wind-energy facility entrances.
E.
The large wind-energy facility site and all structures shall provide
an annual inspection of structural stability, paid by the large wind-energy
facility owner, with a report filed with the Town Clerk.
F.
The owner/operator of the large wind-energy facility shall coordinate
with the Wisconsin Public Service Commission (PSC) to test for stray
voltage before, during, and after construction upon request by the
Ledgeview Zoning Administrator.
G.
All substations shall be fenced to prevent public access. Chain-link
fencing shall include vinyl or aluminum slats or other landscaping
to create an opaque visual barrier of at least 75%.
H.
The owner/operator of the large wind-energy facility shall clearly
post and maintain at each facility a twenty-four-hour-per-day manned
telephone number in case of an emergency.
I.
The owner or operator of the large wind-energy facility shall provide
qualified personnel to conduct training sessions to emergency responders
whenever requested.
J.
The owner/operator of the large wind-energy facility shall provide
a company representative to accompany the local Fire Department Fire
Inspector during site visits. The owner/operator of the large wind-energy
facility shall comply with all applicable laws regarding those inspections.
K.
All reasonable precautions shall be taken to prevent health and safety
risks due to ice shedding.
A.
The owner of any wind-energy facility shall immediately notify the
Town when the facility is to discontinue operation. Decommissioning
and removal of the wind-energy facility shall occur pursuant to and
in compliance with the provisions of § PSC 128.19, Wis.
Adm. Code, and subject to the time limits made and provided therein.
B.
Within 210 days of notice of discontinuation, all wind-energy facilities
shall be removed from the site and all easements appurtenant to such
facilities shall be released at the expense of the owner of the wind-energy
facility. The Town Board may grant reasonable extensions of time for
good cause upon request.
C.
The site shall be stabilized, graded, and cleared of any debris by
the owner of the facility or its assigns. Unless the site is to be
used for agricultural purposes, the site shall be seeded to prevent
soil erosion.
D.
Any foundation shall be removed to a minimum depth of 10 feet below
grade, or to the level of the bedrock if less than 10 feet below grade,
by the owner of the facility or its assigns. Following removal, the
location of any remaining wind turbine foundation shall be identified
on a map as such and recorded with the deed to the property with the
Brown County Register of Deeds.
E.
Any wind turbine or energy facility that does not produce energy
for a continuous period of 12 months, excluding time spent on repairs
or improvements, shall be considered abandoned and shall be removed
consistent with this section. Abandonment of any wind-energy facility
shall result in revocation of the conditional use permit and render
such facilities as unlawful structures.
F.
Notification.
(1)
An owner shall file a notice of decommissioning completion with the
political subdivision and the Commission when a wind-energy system
approved by the Town has been decommissioned and removed.
(2)
Within 360 days of receiving a notice of decommissioning, the Town
shall determine whether the owner has satisfied the requirements of
§ PSC 128.19, Wis. Adm. Code.
The application fee for a conditional use permit under this article shall be as established in § 1-19 of the Code of the Town of Ledgeview plus the actual cost of all required legal notices and fees for required Town consultants, including, but not limited to, legal and engineering review.
No person shall erect, move or structurally alter a wind-energy
facility or component thereof in violation of the provisions of this
article.
A.
Any wind-energy facility that does not meet the requirements of this
article, including, but not limited to, those dealing with noise or
visual appearance, or does not meet the conditions attached to an
approved conditional use permit shall provide grounds for revocation
of the conditional use permit, thereby deeming the facility an unlawful
structure.
B.
The Zoning Administrator shall report all such violations to the
Town Board, which may then refer the matter to the Town Attorney to
bring action to enjoin the erection, moving or structural alteration
of such facility or to cause such facility to be vacated or removed.
C.
Any person, firm or corporation, or agent, employee, or contractor
of such, who violates, destroys, omits, neglects, or refuses to comply
with, or who resists enforcement of any provision of this article;
shall upon conviction thereof forfeit no less than $1,000 nor more
than $10,000 per offense together with the costs of prosecution. Each
violation and each day of violation shall constitute a separate offense.
D.
This section shall not preclude the Town of Ledgeview from maintaining
any appropriate action to prevent or remove a violation of this article.
Any provision of this article shall be considered severable
from any other portion or any other language in this Code of Ordinances.
If any provision is found to be unconstitutional, invalid or unenforceable,
such finding shall not affect the remaining provisions of this article.
