Arcadia City Zoning Code
ARTICLE VI
Solar Energy Systems
§ 425-26 Standards for solar energy systems.
Solar energy systems, including but not limited to technology, such as solar collectors, used to generate energy using solar energy, except where solar collectors are an accessory attachment to a building. In issuing permits under this section, the Common Council shall impose the following minimum conditions in this section, and any others it deems relevant. Any applicant must follow all processes and procedures in this section before any permit may be issued for solar energy systems.
A.
For the purpose of this chapter, certain terms or words used herein shall be interpreted as follows: words used in the present tense include the future; words in the singular number include the plural number, and words in the plural number include the singular number. The word "shall" is mandatory, not permissive. All distances unless otherwise specified shall be measured horizontally.
B.
Definitions. As used herein, the following terms shall have the following meanings:
APPLICANT
The person, corporation, limited liability company, partnership or other legal entity which makes application for a permit under this section.
APPLICATION
An application for a permit under this section.
CITY
The City of Arcadia, a Wisconsin municipal corporation located in Trempealeau County, Wisconsin.
COLLECTOR SURFACE
Any part of a solar collector that absorbs solar energy for the use in the collector's energy transformation process. Collector surface does not include frames, support and mounting hardware.
COLLECTOR USE PERIOD
9:00 a.m. to 3:00 p.m. Central Standard Time daily.
COMMON COUNCIL
The Common Council of the City.
IMPERMISSIBLE INTERFERENCE
A blockage of solar energy from a collector surface or a proposed collector surface for which a permit has been granted under this section during a collector use period, if such blockage is by any structure or vegetation on property an owner of which was notified under Subsection F(3) of this section. Impermissible interference does not include:
(1)
Blockage by a narrow protrusion, vegetation, or other object which never obstructs more than 5% of the solar energy which would strike a solar collector during the collector use period on any given day.
(2)
Blockage by any structure constructed, under construction or for which a building permit application has been filed with the City Clerk before the date the last notice is delivered under Subsection F(3) of this section.
(3)
Blockage by any vegetation planted before the date the last notice is delivered under Subsection F(3) of this section.
(4)
Blockage by any structure or vegetation which obstructs less solar energy from a solar collector during the collector use period than would be obstructed by a six-foot-high wall located along the northern boundaries of the property to the south of the solar collector.
OPERATION
All activities associated with a solar energy system, and all activities associated with absorbing, converting, transferring and storing solar energy from the site.
OWNER
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 is an owner to the extent of his or her interest. Owner shall also include the personal representative of an owner.
PERMIT
A conditional use permit for a solar energy system issued under this section.
PERMIT HOLDER
That person, corporation, limited liability company, partnership or other legal entity which holds a permit issued under this section, whether or not the permit holder is also the applicant.
PLAN COMMISSION
The Plan Commission of the City.
SITE
The entire legally described location of a solar energy system operation, including but not limited to the actual sites of solar energy absorption activities, and associated structures, buildings and other facilities.
SOLAR COLLECTOR
A device, structure, or part of a device or structure which is used to transform solar energy into thermal, mechanical, chemical or electrical energy.
SOLAR ENERGY
Direct radiant energy received from the sun.
SOLAR ENERGY SYSTEM
Equipment which directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy.
SUBSECTION
Section 425-26 of Chapter 425.
ZONING ADMINISTRATOR
The person(s) designated by the City to administer the City zoning ordinances.
C.
Purpose. This section is adopted under the authority contained in § 66.0403, Wis. Stats., the purpose of protecting the health, safety and general welfare of the community by:
(1)
Promoting the use of solar energy systems;
(2)
Protecting access to sunlight for solar energy systems; and
(3)
Assuring that potentially conflicting interests of individual property owners are accommodated to the greatest extent possible so long as such accommodation is compatible with the overall goal of this section.
D.
Application for permit.
(1)
Any application for a permit issued under this section shall contain, at a minimum, the following information:
(a)
A topographic map of the site showing existing contour with minimum vertical contour interval of five feet or an alternative vertical contour interval approved by the Zoning Administrator. The topographic map shall show the preexisting vegetation, including but not limited to tree cover, the locations of existing and proposed access highways, and the depth of all preexisting and proposed excavations. The topographic map shall also include a complete legal description of the site and indicate the boundaries of the site, all to be completed by a land surveyor or engineer licensed in the State of Wisconsin. The topographic map shall also include a statement regarding the current use or uses of the site.
(b)
A map depicting the layout and operational plan for the site, including the location and height of all buildings and structures used on the site, and any easements of record affecting the site.
(c)
A list, including the names and addresses, of all the owners of property adjacent to the site whose property may be restricted by the permit as of the date of the application for a permit for a solar energy system.
(d)
The source, quality, quantity and means of disposition of surface water encountered on the site.
(e)
A narrative description of the proposed operation, together with a timeline for commencement and the nature and degree of land-disturbing activities.
(f)
A listing of the types of equipment and machinery proposed to be utilized at the site, together with both the types and locations of structures necessary for the operation thereof.
(g)
The permit application fee, as established by the Common Council.
(h)
A detailed listing of biological resources, plant communities and wildlife located on the site.
(i)
State-approved plans for all buildings and structures on the site.
(j)
A stormwater management plan for the site.
(2)
The Common Council shall refer application to the Plan Commission for consideration, public hearing, and recommendation. The Plan Commission will consider all conforming applications in the order in which they were received. In considering any application herein, the Plan Commission will consider the impact of the operation on the following:
(a)
The adjoining property owner(s) and whether the permit would cause an impermissible interference to such property owner(s);
(b)
Present and proposed land uses of land in the vicinity of the site;
(c)
Surface water drainage, and supply;
(d)
Soil erosion;
(e)
Aesthetics, including but not limited to scenic beauty and the conservation of natural resources of outstanding quality or uniqueness; and
(f)
The public interest with regard to the purpose indicated under this section.
(3)
The Plan Commission may require the applicant to provide it with additional information, including copies of all plans and permits required under this section or the laws, rules and regulations of any governmental entity or subunit thereof.
(4)
Any permit issued under this section, including the proposed future land use of any site, must at all times be consistent with the City's current Comprehensive Plan.
E.
Operations. Plan Commission shall impose, at a minimum, the following conditions upon any permit issued under this section. The cost of compliance with any condition contained in any such permit, and the cost of the City retaining any engineer, scientists or other expert, shall be at the sole cost and expense of the permit holder or applicant, as applicable, unless otherwise stated herein.
(1)
Stormwater management plan. The applicant shall ensure that the stormwater management plan is implemented, operated, and maintained strictly in accordance with the approval issued by the Plan Commission. The applicant and permit holder shall be jointly and severally liable for maintaining stormwater retention ponds located on the site or located on other property but used in the operations, in a condition as approved by the Plan Commission.
(2)
Setbacks. All structures shall have a minimum setback of 15 feet from any and all property lines separating the site from property owned by someone other than the applicant or permit holder and which are not on a highway or right-of-way, and 30 feet from any and all highways and road rights-of-way.
(3)
Construction and operation. The design, construction and operation of the site shall minimize soil disturbance to the maximum extent possible and shall not substantially alter drainage from the site.
(4)
Impermissible interference. The design, construction and operation of the site shall minimize an impermissible interference to the maximum extent possible.
(5)
Vegetation. For the duration of the permit, the permit holder shall be responsible, at its sole cost and expense, for the cost of trimming (preexisting) vegetation on property affected by the permit to prevent an impermissible interference. The permit holder shall obtain permission from and give consideration to the desires of the property owner in trimming such vegetation and shall not unnecessarily remove vegetation which does not or will not in a reasonable period of time create an impermissible interference.
(6)
Compliance with laws. The applicant and permit holder shall comply with all applicable federal, state and local laws, regulations, rules, ordinances, and court decisions.
F.
Permitting policies and procedures.
(1)
Permit application. The application shall be on a form approved by the Common Council. A nonrefundable fee, to be determined by the Common Council, shall be paid by the applicant prior to any consideration, review, hearings or meetings of or on the application. The applicant may also submit a written request to meet with the Zoning Administrator concerning the application.
(2)
Permitting and application process. Within 10 days of the Zoning Administrator's receipt of the applicant's request to meet, the applicant shall meet with the Zoning Administrator, and the Zoning Administrator shall report on the results of the meeting to any firm contracted to administer this section, to the Mayor, and to the City Attorney. In addition, the Zoning Administrator may request that the City Engineer or a Wisconsin-certified electrician provide a written comprehensive review of the application to the Plan Commission within 15 days of the Zoning Administrator's request for such a review. If such a review is completed, at the expense of the applicant, the Zoning Administrator may provide a copy of the review to the applicant and the adjoining property owner(s).
(3)
Notification to owners. Upon the applicant's filing the application with the Zoning Administrator, at the applicant's sole expense, the Zoning Administrator shall provide written notice to the owner of any property which the applicant proposes to be restricted by the permit.
(4)
Content of notice. The information on the notice shall include:
(a)
The name and address of the applicant, and the address or legal description of the land upon which the solar collector is or will be located.
(b)
That an application has been 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)
That the Plan Commission shall conduct a hearing on the application within 90 days after the last notice is delivered.
(e)
The telephone number, address and office hours of the Zoning Administrator.
(5)
Public hearings.
(a)
The Plan Commission shall conduct a hearing on the application within 90 days after the last notice was delivered, at a date, time, and location to be determined by the Zoning Administrator. At least 30 days prior to the hearing date, the Zoning Administrator shall notify the applicant, all owners notified under Subsection F(3) of this section, and any other person filing a request of the time and place of the hearing. Prior to the hearing, the Plan Commission may submit an advisory recommendation to the Plan Commission.
(b)
Hearings shall be held in a location and at a time to allow the greatest attendance and involvement from the general public. Cost of location rental and police security for the hearing shall be paid for by the applicant prior to any hearing being scheduled.
(c)
After a public hearing has been scheduled, the chair of the Plan Commission shall establish the ground rules for the hearing to include:
[1]
Time allotted for speakers to provide testimony for or against the application; and
[2]
Rebuttal time.
(6)
Review process of application. Applicants shall provide a complete application with five copies to the Zoning Administrator. The additional copies shall be provided to the members of the Plan Commission two weeks prior to any of the Plan Commission's meeting or hearing. Applications shall be distributed by the Zoning Administrator to those individuals.
(7)
Permit grant. The Plan Commission shall provide a recommendation to the Common Council to grant a permit if the Plan Commission determines that:
(a)
The granting of a permit will not unreasonably interfere with the orderly land use and development plans of the City;
(b)
No person has demonstrated that she or he has present plans to build a structure that would create an impermissible interference by showing that she or he has applied for a building permit prior to receipt of a notice under Subsection F(3) of this section, has expended at least $500 on planning or designing such a structure or by submitting any other credible evidence that she or he has 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.
(8)
Record of permit. If the Common Council grants a permit:
(a)
The Common Council shall include the legal description of 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 revoked or terminated under Subsection H or I of this section or unless the permit holder waives the impermissible interference in accordance with Subsection G of this section.
(b)
The applicant shall record with the Trempealeau County Register of Deeds the notice under Subsection F(8)(a) of this section for each property specified under Subsection F(8)(a) and for the property upon which the solar collector is or will be located.
(9)
Modification. If a permit holder seeks to modify any permit issued under this section, it may request such modification by submitting a written application therefor to the Common Council, along with a nonrefundable filing fee as established by the Common Council.
(10)
Remedies for impermissible interference.
(a)
Any person who uses property which he or she owns or any person who 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 permit holder or applicant for damages, except as provided under Subsection F(10)(b), for any loss due to the impermissible interference, court costs and reasonable attorney fees unless:
[1]
The building permit was applied for prior to receipt of a notice under Subsection F(3) of this section or the Common Council determines not to grant a permit after a hearing under Subsection F(5).
[2]
A permit affecting the property is terminated or revoked under Subsection H or I of this section.
[3]
An agreement affecting the property is filed under Subsection G of this section.
(b)
A permit holder may seek an injunction to require the trimming of any vegetation which creates or would create an impermissible interference. If a circuit court finds on behalf of the permit holder, the permit holder may be awarded a permanent injunction, damages, court costs, and reasonable attorney fees.
(11)
Appeals. Any person aggrieved by a determination by the Common Council under this subsection may appeal the determination to the Trempealeau County Circuit Court for review.
G.
Waiver. A permit holder by written agreement may waive all or part of any right protected by a permit. A copy of such agreement including a full legal description of the site and a full description of what rights the permit holder is waiving shall be recorded in the office of the Trempealeau County Register of Deeds, which shall record such copy with the notice recorded under Subsection F(8) of this section, and note the waiver on the recorded copy of the permit.
H.
Penalties and revocation of permit.
(1)
A failure of any permit holder or applicant to comply with any provisions in this section, or any condition imposed in a permit, upon conclusion of the notice and cure period as required under Subsection H(3) and hearing before the Common Council, shall result in one or more of the following:
(a)
For a first violation, a forfeiture of at least $500, with the Common Council having the discretion to increase the forfeiture amount up to $1,000, depending upon the severity of the violation. In determining the severity of the violation, the Common Council shall consider the impact of the violation on the local environment, businesses, residents and landowners.
(b)
For a second violation, a forfeiture of at least $1,500, with the Common Council having the discretion to increase the forfeiture amount up to $2,000, depending upon the severity of the violation. In determining the severity of the violation, the Common Council shall consider the impact of the violation on the local environment, businesses, residents and landowners.
(c)
For a third violation, a forfeiture of at least $2,500, with the Common Council having the discretion to increase the forfeiture amount up to $3,000, depending upon the severity of the violation. In determining the severity of the violation, the Common Council shall consider the impact of the violation on the local environment, businesses, residents and landowners.
(d)
Actual costs of any remediation or cleanup necessary to restore the environment to the condition it was in prior to issuance of the permit.
(e)
Revocation of the permit.
(2)
Each day a violation continues is considered a separate offense.
(3)
The permit holder shall have no less than five business days from receipt of the notice of the violation to cure any such alleged violation, unless a licensed engineer, by the request of the Common Council, reviews the violation and recommends to the Common Council that the alleged violation is too egregious to warrant any such cure period. In the event the violation cannot be cured within five business days, then the permit holder shall have a commercially reasonable amount of time to cure the alleged violation, but not to exceed 30 days. The notice shall be in writing and shall be delivered as follows, with notice deemed given as indicated: by personal delivery, when actually delivered; by overnight courier, upon written verification of receipt; or by certified or registered mail, return receipt requested, upon verification of receipt. If not personally delivered, the address used shall be the address of the permit holder as stated in the permit holder's permit issued under this section.
(4)
In considering the forfeiture amount to be imposed, the Common Council may consider, without limitation, the impact of the violation on:
(a)
The environment;
(b)
Health and welfare of City and City residents; and
(c)
Damage to City infrastructure, such as roads, electric, water, wastewater, storm sewer and other utilities.
(5)
Any forfeiture imposed under this Subsection H shall be imposed together with the corresponding penalty surcharge imposed by § 757.05, Wis. Stats., the jail surcharge imposed by § 302.46(1), Wis. Stats., and the court costs as provided in § 814.65(1), Wis. Stats.
I.
Termination of permit.
(1)
Any right protected by a permit under this section shall terminate if the Common Council determines that the solar energy system which is the subject of the permit is:
(a)
Permanently removed or is not used for two consecutive years, excluding time spent on repairs or improvements; or
(b)
Not installed and functioning within two years after the date of issuance of the permit.
(2)
The Common Council shall give the permit holder written notice and an opportunity for a hearing on the proposed termination of the permit.
(3)
If the Common Council terminates a permit, the Common Council may charge the permit holder for the cost of recording a notice of termination with the Trempealeau County Register of Deeds, which shall record the notice with the notice recorded under Subsection F(8) of this section and indicate on any notice recorded under Subsection F(8) of this section that the permit has been terminated.
J.
Amendments. Any permit issued under this § 425-26 may be amended or modified by the Common Council if it finds that, due to changing conditions, the site is no longer in compliance with this § 425-26. The notice and public hearing requirements under Subsection F of this section shall apply to any request by a permit holder for an amendment or modification of the permit. The Common Council may not proceed in granting an amendment or modification of a permit requested by a permit holder without proof that the permit holder has provided the required notices and that no owner wishes to have a hearing on the request for the amendment or modification of the permit.
K.
Severability. In the event any part of this § 425-26 is held, by a court of competent jurisdiction, invalid, illegal or unconstitutional, it is the intent of the Common Council that all applications for solar energy systems currently being considered shall be permanently stayed, and that no new applications will be considered until further notice.