Footville Village City Zoning Code
§ 370-23
Small wind energy systems.
[Added 6-3-2010 by Ord. No. 060310]
A.
Title. This section may be referred to as the "Village of Footville Wind Energy System Ordinance."
B.
Authority. This section is adopted pursuant to authority granted by §§ 61.35 and 62.23, Wis. Stats.
C.
Purpose.
(1)
Public health and safety. The purpose of this section is to:
(a)
Oversee the permitting of small wind energy systems; and
(b)
Preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a small wind energy system in accordance with § 66.0401, Wis. Stats.
(2)
No wind access permits. This section does not create or provide for the issuance of any wind access permits with the meaning of § 66.0403, Wis. Stats.
D.
Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the same meaning as they have at common law.
ADMINISTRATOR
The Village of Footville Building Inspector.
BOARD
The Village Board of the Village of Footville.
METEOROLOGICAL TOWER (MET TOWER)
Includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
OWNER
The individual or entity that owns and/or operates the small wind energy system in accordance with this section.
ROTOR DIAMETER
The cross-sectional dimension of the circle swept by the rotating blades.
SMALL WIND ENERGY SYSTEM
A wind energy system that:
(1)
Is used to generate electricity;
(2)
Has a nameplate capacity of 100 kilowatts or less; and
(3)
Has a total height of 170 feet or less.
TOTAL HEIGHT
The vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point.
TOWER
The monopole, freestanding, or guyed structure that supports a wind generator.
WIND ENERGY SYSTEM
Equipment that converts and then stores or transfers energy from the wind into usable forms of energy. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component used in the system.
WIND GENERATOR
Blades and associated mechanical and electrical conversion components mounted on top of the tower.
E.
Standards.
(1)
Accessory structure. A small wind energy system shall constitute an accessory structure. Only one system is allowed per lot. The Village Board may grant conditional use permits for additional systems.
(2)
Permitted and conditional uses. A small wind energy system shall be a permitted use in all zoning districts if it meets all conditions of this section.
(3)
Setbacks. A wind tower for a small wind energy system shall be set back a distance equal to its total height from:
(a)
Any public road right-of-way, unless written permission to reduce such distance is granted by the governmental entity with jurisdiction over the road;
(b)
Any overhead utility lines (including cable television, telephone, and fiber optic cable) within such right-of-way, unless written permission to reduce such distance is granted by the affected utility; and
(c)
All property lines of the owner's lot, unless written permission to reduce such distance is granted from the other affected landowners, not limited to adjoining properties.
(4)
Freestanding. All small wind energy systems shall be freestanding and self supporting or with guy cables. No system may be attached to the primary or any other accessory structure. Each system must have its own base on the ground.
(5)
Access.
(a)
All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.
(b)
The tower shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.
(6)
Electrical wires. All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground.
(7)
Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
(8)
Sound levels and measurement.
(a)
Audible sound due to small wind energy system operations shall not exceed 50 dBA for any period of time, when measured at the property line of any residence, school, hospital, church or public library existing on the date of approval of any small wind energy system land use zoning permit.
(b)
In the event audible sound due to small wind energy system operations contains a steady pure tone, such as a whine, screech, or hum, audible sound due to small wind energy system operations shall not exceed 45 dBA for any period of time, when measured at the property line of any residence, school, hospital, church or public library existing on the date of approval of any small wind energy system land use zoning permit. A steady pure tone is defined to exist if the sound level of any 1/3 octave exceeds the sound levels of the two contiguous 1/3 octave bands by five or more dB for any period of time.
(c)
If the ambient sound level (exclusive of the small wind energy system) exceeds the applicable standards given above, the applicable standards shall be adjusted to equal the ambient sound level. The ambient sound level shall equal the L10 sound level for full spectrum sound, expressed in dBA. For steady pure tones, the ambient sound level shall equal the L10 sound levels of the 1/3 octave band that exceeds the sound levels of the two contiguous 1/3 octave bands by five or more dB for any period of time, expressed in dB.
(d)
Ambient sound levels and audible sound due to small wind energy system operations shall be measured at the property line of affected existing residences, schools, hospitals, churches and public libraries. Sound-level measurement techniques shall employ all practical means of reducing the effect of wind-generated sound at the microphone.
(e)
In the event audible sound due to small wind energy system operations exceeds the audible sound standards listed above, a waiver of said standards may be granted by the Village Board, provided that the following have been accomplished:
[1]
Written consent from the affected property owners has been obtained stating that they are aware of the small wind energy system and the audible sound standards imposed by this section, and that they consent to allow sound levels to exceed the audible sound standards otherwise allowed; and
[2]
If the applicant wishes the waiver to apply to succeeding owners of the property, a permanent sound impact easement has been recorded in the Office of the Register of Deeds which describes the benefited and burdened properties and specifies that sound levels in excess of audible sound standards permitted by this section may exist on or at the burdened property.
(9)
Appearance, color and finish. The wind generator and tower shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless otherwise approved in the land use zoning permit.
(10)
Signs. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system visible from any public road are prohibited.
(11)
Code compliance. A small wind energy system, including tower, shall comply with all applicable state construction and electrical codes, and the National Electrical Code.
(12)
Utility notification and interconnection. Small wind energy systems that connect to the electric utility shall comply with the Public Service Commission of Wisconsin's Rule 119, Rules for Interconnecting Distributed Generation Facilities.
(13)
MET towers shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a small wind energy system.
F.
Land use zoning permit requirements.
(1)
Land use zoning permit. A land use zoning permit shall be required for the installation of a small wind energy system.
(2)
Documents. The land use zoning permit application shall be accompanied by a plot plan which includes the following:
(a)
Property lines and physical dimensions of the property;
(b)
Location, dimensions, and types of existing major structures on the property;
(c)
Location of the proposed wind system tower;
(d)
The right-of-way of any public road that is contiguous with the property;
(e)
Any overhead utility lines;
(f)
Small wind energy system specifications, including manufacturer and model, rotor diameter, total height, tower type (freestanding or guyed);
(g)
Tower foundation blueprints or drawings; and
(h)
Tower blueprint or drawing.
(3)
Fees. The application for a land use zoning permit for a small wind energy system must be accompanied by the fee required for a land use zoning permit for a permitted accessory use.
(4)
Expiration. A permit issued pursuant to this section shall expire if:
(a)
The small wind energy system is not installed and functioning within 24 months from the date the permit is issued; or
(b)
The small wind energy system is out of service or otherwise unused for a continuous twelve-month period.
G.
Abandonment.
(1)
A small wind energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned. The Administrator may issue a notice of abandonment to the owner of a small wind energy system that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 days after receipt of the notice. The Administrator shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the small wind energy system has not been abandoned.
(2)
If the small wind energy system is determined to be abandoned, the owner of the system shall remove the wind generator from the tower at the owner's sole expense within three months of receipt of notice of abandonment. If the owner fails to remove the wind generator from the tower, the Administrator may pursue legal action to have the wind generator removed at the owner's expense.
H.
Land use zoning permit procedure.
(1)
An owner shall submit an application to the Administrator for a land use zoning permit for a small wind energy system. The application must be on a form approved by the Administrator and must be accompanied by two copies of the plot plan identified in § 370-23F(2) above.
(2)
The Administrator shall issue a permit or deny the application within one month after the date on which the application is received.
(3)
The Administrator shall issue a land use zoning permit for a small wind energy system if the application materials show that the proposed small wind energy system meets the requirements of this section.
(4)
If the application is approved, the Administrator will return one signed copy of the application with the permit and retain the other copy with the application.
(5)
If the application is rejected, the Administrator will notify the applicant in writing and provide a written statement of the reasons why the application was rejected. The applicant may appeal the Administrator's decision pursuant to Chapter 68, Wis. Stats. The applicant may reapply if the deficiencies specified by the Administrator are resolved.
(6)
The owner shall conspicuously post the land use zoning permit on the premises so as to be visible to the public at all times until construction or installation of the small wind energy system is complete.
I.
Violations. It is unlawful for any person to construct, install, or operate a small wind energy system without a land use zoning permit or which is not in compliance with this section or with any specification or condition contained in a land use zoning permit issued pursuant to this section. Small wind energy systems installed prior to the adoption of this section are exempt and are deemed legal, nonconforming structures to the extent they are in compliance with the Village Zoning Ordinance in effect at the time of adoption of this section and are not in compliance with the terms of this section.
J.
Administration and enforcement.
(1)
This section shall be administered by the Administrator or the Administrator's designee.
(2)
The Administrator may enter any property for which a land use zoning permit has been applied for or issued under this section to conduct an inspection to determine whether the conditions stated in the application or permit have been met.
(3)
The Administrator may issue orders to abate any violation of this section.
(4)
The Administrator may issue a citation for any violation of this section.
(5)
The Administrator may refer any violation of this section to the Village Attorney for enforcement.
K.
Penalties.
(1)
Any person who fails to comply with any provision of this section or a land use zoning permit issued pursuant to this section shall be subject to enforcement and penalties as set forth in § 1-4 of the Code of the Village of Footville.
(2)
Nothing in this section shall be construed to prevent the Village Board from using any other lawful means to enforce this section, including, but not limited to, an action at law, or an action in equity seeking injunctive relief. The remedies available to the Village for enforcement of this section shall be cumulative and may be exercised separately or in any combination with respect to any violation.
L.
Severability. The provisions of this section are severable, and the invalidity of any section, subdivision, paragraph, or other part of this section shall not affect the validity or effectiveness of the remainder of the section.