It is intended that conditional use permits shall be issued under this article to promote the effective and efficient use of wind energy and to regulate the placement of wind energy facilities so that the public health and safety will not be jeopardized.

It is in the public's interest and contributes to the protection of the public health, safety, and welfare to plan for and regulate commercial-scale wind energy facilities because the PSCW concluded in AP7 (December 1995) that it is important to site wind energy facilities carefully due to the fact that improperly sited wind energy facilities can cause adverse impacts. Wisconsin state statutes preserve local authority regarding zoning related to commercial-scale wind energy facilities and allow reasonable restrictions thereto. Racine County has considered and evaluated all of the relevant facts and circumstances and considered its duty to protect the public health and safety of its citizens in promulgating the policies, standards, and procedures that are set forth in this ordinance.

It is recognized that conflict is likely to occur if wind energy facility development occurs in the vicinity of existing and/or planned residential or commercial development and certain sensitive or high value environmental areas, and therefore it is in the public interest to limit development in the vicinity of these existing or planned land uses.

Commercial-scale wind turbines are industrial machines that have moving blades that can be eighty-five (85) feet or more in length atop towers that can be two hundred fifty (250) feet or more in height and that such moving blades atop very tall structures constitutes a public health and safety hazard for citizens of Racine County and therefore, it is the duty of the elected officials to protect the citizens by enacting appropriate regulations.

(Ord. No. 2004-136, 12-14-04)

The requirements of this article shall apply to all wind energy facilities proposed after the effective date of this article. 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 wind energy facility that does not provide energy for a continuous period of twelve (12) months must meet the requirements of this article before re-commencing energy production. However, no modification or alteration to an existing wind energy facility shall be allowed without full compliance with this article.

(Ord. No. 2004-136, 12-14-04)

Wind energy facilities shall not be located in any residential zoning district, shoreland, wetland, floodplain, or primary environmental corridor.

(Ord. No. 2004-136, 12-14-04)

Wind energy facilities may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of a wind energy facility or a part of such facility on such lot. Wind energy facilities that are constructed and installed in accordance with the provisions of this article shall not be deemed to constitute the expansion of a non-conforming use or structure.

(Ord. No. 2004-136, 12-14-04)

Small wind energy facilities shall be allowed after site plan review in all non-residential zoning classifications, including A-2 and C-2 districts, where structures are allowed, subject to certain requirements as set forth below:

(1)

Tower height: For property sizes between one-half (½) acre and one (1) acre, the tower height shall be limited to eighty (80) feet. For property sizes of one (1) acre or more, there is no limitation on tower height, except as imposed by Federal Aviation Administration (FAA) regulations.

(2)

Setback: No part of any small wind energy facility may extend closer than the total height of the wind energy facility to the property boundaries on the installation site. Guy wire anchors may be located within ten (10) feet of the property boundaries.

(3)

Noise: For wind speeds in the range of zero to twenty-five (25) miles per hour, small wind turbines shall not cause a sound pressure level in excess of sixty (60) dB (A) or in excess of five (5) dB (A) above the background noise, whichever is greater, as measured at the closest neighboring inhabited dwelling at the time of application. This level, however, may be exceeded during short-term events such as utility outages and severe wind storms.

(4)

Approved wind turbines: Small wind turbines must have been approved under the Emerging Renewables Program of the California Energy Commission or any other small wind certification program recognized by the American Wind Energy Association. Written evidence of such approval must be submitted as part of the project application.

(5)

Compliance with Uniform Building Code: Permit applications for small wind energy facilities must be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the Uniform Building Code and certified by a licensed professional engineer must also be submitted. This analysis is frequently supplied by the manufacturer. Original stamps shall not be required.

(6)

Compliance with FAA regulations: Small wind energy facilities must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. Copies of such approvals must be submitted as part of the application.

(7)

Compliance with National Electric Code: Permit applications for small wind energy facilities must be accompanied by written certification that the manner of installation conforms to the National Electrical Code. This information is frequently supplied by the manufacturer.

(8)

Utility notification: No small wind energy facility shall be installed until written evidence has been given that the utility company has been informed of the customer's intent to install an inter-connected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(Ord. No. 2004-136, 12-14-04)

Commercial-scale wind energy facilities are conditional uses in any agricultural district in conformance with the following requirements: In the A-1 district, must meet W.S.A., §§ 91.46(4) or 91.44(1)(f).

(1)

Visual appearance, lighting, power lines:

a.

Wind turbines shall be painted a non-reflective, unobtrusive color, such as gray or white.

b.

Building and related structure designs at wind energy facility sites shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend the wind energy facility into the natural setting and the then-existing environment.

c.

Wind energy facilities shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.

d.

Wind turbines shall not be used to display any advertising, except for reasonable identification of the manufacturer or wind energy facility operator

e.

Electrical controls and control wiring and power lines shall be wireless or not above ground except where wind farm collector wiring is brought together for connection to the transmission or distribution network, adjacent to that network.

(2)

Setback: The following setbacks and separation requirements shall apply to all wind turbines, provided, however, that the committee may reduce the standard setbacks and separation requirements if the intent of this article would be better served thereby.

a.

Inhabited structures: Each wind turbine, at the time of application, must be set back from the nearest residence, school, hospital, church, or public library a distance no less than the greater of:

1.

Two (2) times its total height; or

2.

One thousand (1,000) feet.

b.

Property lines: Each wind turbine must be set back from the nearest property line a distance no less than 1.1 times its total height unless appropriate easements are secured from adjacent property owners or the committee approves other acceptable mitigation.

c.

Public roads: Each wind turbine must be set back from the nearest public road a distance no less than 1.1 times its total height, determined at the nearest boundary of the underlying right-of-way for such public road.

d.

Communication and electrical lines: Each wind turbine must be set back from the nearest existing above-ground public electric power line or telephone line a distance no less than one and one-tenth (1.1) times it total height.

(3)

Noise:

a.

Audible noise due to wind energy facility operations shall not exceed fifty (50) dB (A) for any period of time when measured at any residence, school, hospital, church, public park or recreation area, campground, historic site, or public library existing on the wind energy facility siting permit approval date. This level, however, may be exceeded during short-term events such as utility outages and severe wind storms.

b.

In the event audible noise due to wind energy facility operations contains a steady pure tone, such as a whine, screech, or hum, the standards for audible noise set forth in subsection (3)a. above shall be reduced by five (5) dB (A).

A pure tone is defined to exist if the one-third (⅓) octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one-third (⅓) octave bands by five (5) dB (A) for center frequencies of five hundred (500) Hz and above; by eight (8) dB (A) for center frequencies between one hundred sixty (160) Hz and four hundred (400) Hz; or by fifteen (15) dB (A) for center frequencies less than or equal to one hundred twenty-five (125) Hz.

c.

In the event the ambient noise level (excluding the development in question) exceeds the applicable standard given above, the applicable standard shall be adjusted to equal the ambient noise level. The ambient noise level shall be expressed in terms of the highest whole number sound pressure level in dB (A) that is succeeded for more than five (5) 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 thirty (30) miles per hour at the ambient noise measurement location.

d.

Any noise level falling between two (2) whole decibels shall be the lower of the two (2).

e.

The committee may grant a waiver in the event wind energy facility noise levels exceed the criteria listed above, if the following has been accomplished:

1.

Written consent from the affected property owners has been obtained, stating that they are aware of the wind energy facility and the noise limitations imposed by this article, and that consent is granted to allow noise levels to exceed the maximum limits otherwise allowed; and

2.

If the applicant wishes the waiver to apply to succeeding property owners, a permanent noise impact easement must be recorded in the county register of deeds office that describes the benefited and the burdened properties and 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.

f.

The applicant/facility operator is responsible for taking such measurements that the committee may require from time to time and for all reasonable costs and expenses associated with taking such measurements.

(4)

Minimum ground clearance: The blade tip of any wind turbine shall, at its lowest point, have ground clearance of no less than seventy-five (75) feet.

(5)

Signal interference: The applicant must minimize or mitigate any interference with electromagnetic communications such as radio, telephone, or television signals caused by any wind energy facility. If the applicant is a public utility, PSC 113.0707 also applies.

(6)

Safety:

a.

All wiring between wind turbines and the wind energy facility substation must be underground.

b.

Wind turbine towers shall not be climbable up to fifteen (15) feet above ground level.

c.

All access doors to wind turbine towers and to electrical equipment must be lockable.

d.

Appropriate warning signs must be placed on wind turbine towers, electrical equipment, and wind energy facility entrances.

(Ord. No. 2004-136, 12-14-04; Ord. No. 2015-90, 12-15-15)

(a)

Every conditional use permit application must be made in writing to the development services department on the forms provided by the department and accompanied by the required filing fee. The application must include the following information:

(1)

Applicant name and address;

(2)

Evidence that the applicant is the property owner or that the applicant has the property owner's written permission to make such an application;

(3)

A plot plan and a development plan drawn in sufficient detail to clearly describe:

a.

Property lines and the physical dimensions of the proposed site;

b.

Locations, approximate dimensions, and types of major existing structures and uses of the site;

c.

Location and elevation of proposed wind energy facility;

d.

Locations of all above-ground utility lines and other wind energy facilities on-site or within one (1) radius of the proposed wind energy facility's total height, including the furthest vertical extension of the rotor assembly;

e.

Locations and sizes of structures or trees that are above thirty-five (35) feet and within a five hundred-foot radius of the proposed wind energy facility. Electrical transmission and distribution lines, antennas, and slender or open-lattice towers are not considered structures for purposes of this requirement.

f.

Locations of all transmission facilities proposed for installation;

g.

Locations of all road and other service structures proposed as part of the installation; and

h.

Written evidence that the applicant has informed local airport owners and operators about any application for a wind energy facility permit above two hundred (200) feet in total height or any wind energy facility within a three-mile radius of any existing public or private airport, including all landing strips.

(b)

Public hearing: A public hearing shall be held on wind energy facility conditional use permit applications in accordance with chapter 20, article VIII. All procedural requirements and appeals rights as set forth therein shall govern the hearing.

(c)

Findings: The committee shall approve the conditional use permit if it finds that the proposed use is not detrimental to public health and safety.

(d)

Conditions: In approving a conditional use petition, the committee may require certain conditions under which the proposed use may be allowed that may provide suitable safeguards to the public health and safety.

(Ord. No. 2004-136, 12-14-04; Ord. No. 2020-110, 4-13-21)

In the event the committee determines that it is necessary to consult with a third party in considering a permit, all reasonable costs and expenses associated with such consultation shall be borne by the applicant. Failure to pay such costs and expenses or provide information requested by the committee shall be grounds for denial or revocation of a conditional use permit. The applicant may provide to the committee the names of consultants that the applicant believes are qualified to assist in resolving the issues before the committee.

(Ord. No. 2004-136, 12-14-04)

(a)

Any wind energy facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned. In such circumstances, the owner of such facility or owner(s) of the property where the facility is located shall remove said facility including all supporting equipment, buildings, and foundations to a depth of five (5) feet and shall restore the location to its natural condition, except that any landscaping and grading may remain in the after-condition as determined by the zoning administrator, within ninety (90) days of receipt of notice from the zoning administrator. If removal and restoration to the satisfaction of the zoning administrator does not occur within the said ninety (90) days, the zoning administrator may remove and salvage said facility and all supporting equipment and buildings and restore the site at the facility owner's or property owner's expense.

(b)

The applicant shall submit a copy of a signed agreement, which may be the lease agreement, between the property owner and the facility owner detailing abandonment requirements and subsequent removal based on the provisions of subsection (a) above. Said agreement shall also identify that the agreement shall be binding on future property owners and future facility owners.

(c)

The facility and foundation shall be recorded in the county register of deeds office, and a copy of the recorded deed shall be filed with county development services.

(Ord. No. 2004-136, 12-14-04; Ord. No. 2020-110, 4-13-21)

Upon written inquiry by the committee, the permit holder under this section shall have the burden of presenting credible evidence establishing to a reasonable degree of certainty the continued compliance with all conditions placed upon the conditional use permit. Failure to establish compliance with all conditions placed upon the conditional use permit shall be grounds for the revocation of the permit. All reasonable costs and expenses associated with such consultation shall be borne by the holder of the permit. Failure to pay such costs and expenses or provide information requested by the committee shall be grounds for revocation of the permit. The permit holder may provide to the committee the names of consultants that the permit holder believes are qualified to assist in resolving the issues before the committee.

(Ord. No. 2004-136, 12-14-04)

Racine County does not warrant any wind energy facility against design or structural failure. The county does not certify that the design is adequate for any wind energy facility and the county hereby accepts no liability through issuance of a conditional use permit or zoning permit. By acceptance of a conditional use permit or by issuance of a zoning permit under this article, the applicant agrees to indemnify the county against each and every claim, demand, or cause of action that may arise or be made against the county by reason or in any way arising out of any defect or imperfection in the wind energy facility or any failure to repair the same, and also against every claim, demand, or cause of action against the county by reason of any liability that is or may be imposed on the county, on account of any such defect, imperfection, or any failure to repair the same.

(Ord. No. 2004-136, 12-14-04)