A.
Purpose. This section regulating the placement of
signal-receiving antennas is adopted to:
(1)
Provide uniform regulation of all signal-receiving
antenna devices;
(2)
Secure placement of such antennas in an aesthetically
sensitive manner while allowing users reasonable reception of signals;
(3)
Protect the public from injury from antennas that
are inadequately mounted, unduly susceptible to wind pressure, improperly
installed and wired, or placed on structures insufficiently designed
or constructed to support safely the antenna; and
(4)
Provide for placement of such antennas in locations
that preserve access to rear property areas by fire-fighting apparatus
and emergency personnel.
B.
Permit required. No owner shall, within the Village
of New Glarus, build, construct, use or place any type of signal-receiving
antenna until a permit shall have first been obtained from the Village
Building Inspector.
C.
OWNER
SIGNAL-RECEIVING ANTENNA
Definitions. For purposes of this section, the following
terms shall have the meanings indicated:
The holder of record of an estate in possession in fee simple,
or for life, in land or real property, or a vendee of record under
a land contract for the sale of an estate in possession in fee simple
or for life, but does not include the vendor under a land contract.
A tenant in common or joint tenant shall be considered such owner
to the extent of his interest. The personal representative of at least
one owner shall be considered an owner.
Any apparatus capable of receiving communications from a
transmitter or a transmitter relay located in a planetary orbit. This
definition includes all types of signal-receiving antennas, including,
without limitation, parabolic antennas, home earth stations, satellite
television disks, UHF and VHF television antennas, and AM, FM, ham
and shortwave radio antennas, regardless of the method of mounting.
D.
Application. Application for a signal-receiving antenna
permit shall be made in writing to the Village Building Inspector.
With such application, there shall be submitted the appropriate fee
as set by resolution of the Village Board.
E.
Installation standards. Signal-receiving antennas
installed in any zoning district within the Village shall comply with
the following provisions:
(1)
Setbacks.
(a)
Any signal-receiving antenna and its mounting
post shall be located a minimum of 10 feet from any property line.
(b)
Subject to the provisions herein, signal-receiving
antennas shall only be located in the rear yard of any lot. If reasonable
reception of signals is not possible with a rear yard placement due
to the physical characteristics of the lot and area, the signal-receiving
antenna shall be placed in the side yard of the lot. In the event
that reasonable reception of signals is not possible by locating the
signal-receiving antenna on the rear or side yard of the property,
such antenna may be placed in the front yard or on the roof of structures
on the property. For corner lots, a side yard is only a yard that
does not face a street.
(c)
If side yard, front yard or roof mounting is
requested, the Village Building Inspector shall determine where reasonable
reception is possible, based on evidence provided by the person seeking
to erect or construct the antenna.
(2)
Mounting. Signal-receiving antennas attached to the
wall or roof of any principal or accessory structure shall be permitted
only if the structure is properly constructed to carry all imposed
loading and complies with applicable state and local Building Code
requirements. The Village Building Inspector may require engineering
calculations.
(3)
Diameter. The diameter of the signal-receiving antenna
shall not exceed 15 feet, except for systems used to provide community
antenna television services.
(4)
Height.
(a)
A ground-mounted signal-receiving antenna, including
any platform or structure upon which said antenna is mounted or affixed,
may not exceed 18 feet in height, as measured from the ground to the
highest point of the dish.
(b)
A roof-mounted antenna may not exceed 15 feet
in height above the surrounding roofline as measured from the lowest
point of the existing roofline.
(5)
Wind pressure. All signal-receiving antennas shall
be permanently mounted in accordance with the manufacturer's specifications
for installation. All such installations shall meet a minimum wind
load design velocity of 80 miles per hour.
(6)
Electrical installations. Electrical installations
in connection with signal-receiving antennas, including grounding
of the system, shall be in accordance with the National Electrical
Safety Code, Wisconsin State Electrical Code and the instructions
of the manufacturer. In cases of conflict, the stricter requirements
shall govern. All cable used to conduct current or signals from the
signal-receiving antenna to the receivers shall be installed underground
unless installation site conditions preclude underground installation.
If a signal-receiving antenna is to be used by two or more residential
property owners, all interconnecting electrical connections, cables
and conduits must also be buried. The location of all such underground
lines, cables and conduits shall be shown on the application for a
permit. All signal-receiving antennas shall be grounded against direct
lightning strikes.
(7)
Temporary placement. No portable or trailer-mounted
signal-receiving antenna shall be allowed, except for temporary installation
for on-site testing and demonstration purposes for periods not exceeding
five days. However, such trial placement shall be in accordance with
all provisions of this section. Failure to comply shall result in
a citation being issued for violation of this section. Any person
making such temporary placement shall first give written notice to
the Village Building Inspector of the date when such placement shall
begin and end.
(8)
Advertising. No form of advertising or identification,
sign or mural is allowed on the signal-receiving antenna other than
the customary manufacturer's identification plates.
(9)
Interference with broadcasting. Signal-receiving antennas
shall be filtered and/or shielded so as to prevent the emission or
reflection of any electromagnetic radiation that would cause any harmful
interference with the radio and/or television broadcasting or reception
on adjacent properties. In the event that harmful interference is
caused subsequent to its installation, the owner of the signal-receiving
antenna shall promptly take steps to eliminate the harmful interference
in accordance with Federal Communications Commission regulations.
(10)
Compliance with federal regulations. The installation
and use of every signal-receiving antenna shall be in conformity with
the Federal Cable Communications Policy Act of 1984 and regulations
adopted thereunder.
(11)
Aesthetic considerations. Signal-receiving antennas
shall be located and designed to reasonably reduce visual impact from
surrounding properties at street level.
F.
Enforcement.
(1)
It shall be unlawful to construct, use, build or locate
any signal-receiving antenna in violation of any provisions of this
section. In the event of any violation, the Village Board or any property
owner who would be specifically damaged by such violation may institute
appropriate action or proceedings to enjoin a violation of this section.
A.
Solar access easement permits.
(1)
Permit procedure. The Village Building Inspector is
herein delegated the responsibility to issue solar access permits.
The Village Building Inspector shall determine if an application is
satisfactorily completed and shall notify the applicant of his determination.
If an applicant receives notice that an application has been satisfactorily
completed, the applicant shall deliver, by certified mail or by hand,
a notice to the owner of any property which the applicant proposes
to be restricted by the permit under this section. The applicant shall
submit to the Village Clerk-Treasurer a copy of a signed receipt for
every notice delivered under this section. The Village shall supply
the notice form. The information on the form may include, without
limitation because of enumeration:
(a)
The name and address of the applicant and the
address of land upon which the solar collector is or will be located.
(b)
That an application was filed by the applicant.
(c)
That the permit, if granted, may affect the
rights of the notified owner to develop his or her property and to
plant vegetation.
(d)
The telephone number, address and office hours
of the Plan Commission.
(2)
Hearing. Within 30 days after receipt of the notice,
any person who has received a notice may file a request for a hearing
on the granting of a permit, or the Plan Commission may determine
that a hearing is necessary even if no such request is filed. If a
request is filed or if the Plan Commission determines that a hearing
is necessary, the Plan Commission shall conduct a hearing on the application
within 90 days after the last notice is delivered. At least 30 days
prior to the hearing date, the Plan Commission shall notify the applicant,
all notified owners and any other person filing a request of the time
and place of the hearing.
(3)
Permit grant. The Village Building Inspector shall
grant a permit if it is determined that:
(a)
The granting of a permit will not unreasonably
interfere with the orderly land use and development plans of the Village;
(b)
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
(c)
The benefits to the applicant and the public
will exceed any burdens.
(4)
Conditional approval. The Village Building Inspector
may grant a permit subject to any condition or exemption he deems
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.
(5)
Record of permit. If the Village Building Inspector
grants a permit, the Village Building Inspector 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.
B.
Recording. The applicant shall record with the Village Clerk-Treasurer the notice for each property specified under Subsection A and for the property upon which the solar collector is or will be located.
C.
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, court costs and
reasonable attorney fees unless:
D.
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.
E.
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-Treasurer,
who shall record the notice or indicate on any notice recorded that
the permit has been terminated.
F.
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-Treasurer, who shall record
such copy with the notice.
G.
Preservation of rights. The transfer of title to any
property shall not change the rights and duties under this section.
H.
Construction.
(1)
This section may not be construed to require that
an owner obtain a permit prior to installing a solar collector.
(2)
This section 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
section.
I.
Control of vegetation blocking solar energy systems.
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 § 700.40, Wis.
Stats. This section includes the designation of the solar collector
owner as the person responsible for the cost of removing the vegetation.
J.
Inspections.
(1)
The Village Building Inspector 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.
(2)
If requested by the owner, an inspection may be made
by the Village Building Inspector to certify the safety and maintenance
of the solar energy system and accessory structures. The fee for this
inspection shall be established by resolution of the Village Board.
A.
Construction of wind energy systems. No person shall
construct or operate a wind energy conversion system (WECS) without
having fully complied with the provisions of this section.
C.
Application requirements. An application for a permit
to build a wind energy system shall include the following:
(1)
The property lines of the proposed site of construction.
(2)
Proposed location of the WECS.
(3)
Location and description of all structures located
on the property where the WECS site is proposed.
(4)
Location of all aboveground utility lines within a
radius equal to two times the height of the proposed WECS.
(5)
Location of all underground utility lines on the property
where a WECS site is proposed.
(6)
Dimensional representation of the structural components
of the tower construction, including the base and footings.
(7)
Schematic of electrical systems associated with the
WECS, including all existing and proposed electrical connections.
(8)
Manufacturer's specifications and installation and
operation instructions or specific WECS design information.
(9)
Certification by a registered professional engineer
that the tower design is sufficient to withstand wind load requirements
for structure as defined by the Uniform Building Code.
D.
Blade clearance. The minimum distance between the
ground and any protruding blade(s) utilized on a WECS shall be 15
feet, as measured at the lowest point of the arc of the blades. The
minimum distance shall be increased as necessary to provide for vehicle
clearance in locations where oversized vehicles might travel.
E.
Climbing towers; tower access. Access to towers shall
be controlled by fences six feet in height around the tower and anti-climbing
devices. Existing local regulations regarding attractive nuisances
shall cover wind systems as well. A sign indicating shock hazard shall
be placed on the tower. Such sign shall state: "Warning. Electrical
shock hazard. No unauthorized persons on tower. No trespassing." Cables,
ropes or wires used to secure the WECS shall be appropriately marked
to prevent accidental bodily harm.
F.
Tower construction. Tower construction shall be in
accordance with all applicable sections of the Wisconsin State Building
Code, including but not limited to §§ COMM 50.12, 53.10,
53.12, 62.37, 62.38, 62.39, 62.40, 62.41, Wis. Adm. Code, and any
future amendments, additions, and/or revisions to the same.
G.
Utility interconnection. The WECS, if interconnected
to a utility system, shall meet the requirements for interconnection
and operate as set forth in the electrical utility's then-current
service regulations applicable to WECS. These standards are subject
to review by the Public Service Commission.
H.
Setback requirements.
I.
Noise. During all operations, from commencement through
abandonment, all noise and vibrations shall conform to the requirements
of the Village of New Glarus Code.
J.
Interference with navigational systems. No WECS shall
be installed or operated in such a manner that is not in compliance
with Federal Aviation Administration regulations.
K.
Electrical distribution lines. All WECS electrical
distribution lines shall be located underground.
L.
Required safety features.
(1)
All WECS shall be designed with an automatic overspeed
control to render the system inoperable when winds are blowing in
excess of the speeds for which the machine is designed.
(2)
All WECS shall have a manually operable method to
render the system inoperable in the event of a structural or mechanical
failure of any part of the system, including the automatic overspeed
control.
(3)
All WECS shall be designed with an automatic control
to render the system inoperable in case of loss of utility power to
prevent the WECS from supplying power to a de-energized electrical
distribution system.
(4)
Any WECS declared to be unsafe by the Building Inspector
by reason of inadequate maintenance, dilapidation, obsolescence, fire
hazard, disaster, damage or abandonment is hereby declared to be a
public nuisance and shall be abated by repair, rehabilitation, demolition,
or removal in accordance with the procedures set forth in the Village
of New Glarus Code.
M.
Maintenance. The Building Inspector or his representative
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 within 30 days if, in his judgment, there exists
a deficiency in the structural stability of the system.
N.
Inspections. A yearly inspection at a fee to be determined
from time to time by resolution of the Village Board shall be made
by the Building Inspector to certify the safety and maintenance of
the WECS and accessory structures.