This article is adopted pursuant to authority granted by Wis. Stats. §§ 61.35, 62.23(7) and 66.0401.

(Ord. No. 03-2009, § 17.212(1), 6-1-2009)

The purpose of this article is to:

(1)

Oversee the permitting of wind energy systems.

(2)

Preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a wind energy system (per Wis. Stats. § 66.0401).

(Ord. No. 03-2009, § 17.212(2), 6-1-2009)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Board means the village board.

Meteorological tower (met tower) means and includes the tower, base plate, 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 means the individual or entity that intends to own and operate the wind energy system in accordance with this article.

Rotor diameter means the cross sectional dimension of the circle swept by the rotating blades.

Total height means the vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point or to the highest extension of any other portion of such equipment.

Tower means the monopole or freestanding structure that supports a wind generator.

Wind energy system means equipment that converts and then stores or transfers energy from the wind into usable forms of energy as defined by Wis. Stats. § 66.0403(1)(m). 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 means blades and associated mechanical and electrical conversion components mounted on top of the tower.

(Ord. No. 03-2009, § 17.212(3), 6-1-2009)

A wind energy system shall be a conditional use in all zoning districts subject to the following requirements:

(1)

Setbacks. A wind system shall be set back a distance equal to 1.1 times its total height from:

a.

Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road;

b.

Any overhead utility lines, unless written permission is granted by the affected utility;

c.

All property lines, unless a written easement is granted from the affected land owner or neighbor and is filed with the conditional use permit application in the village clerk-treasurer's office.

(2)

Access.

a.

All ground mounted electrical and control equipment shall be labeled to prevent unauthorized access.

b.

The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground and the owner shall maintain a locked fence around the tower no less than eight feet high.

(3)

Electrical wires. All electrical wires associated with a 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.

(4)

Lighting. A wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.

(5)

Appearance, color and finish. The wind energy system shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless approved in the conditional use permit.

(6)

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 wind energy system visible from any public road shall be prohibited.

(7)

Code compliance. A wind energy system including tower shall comply with all applicable state construction and electrical codes, and the National Electrical Code.

(8)

Signal interference. The owner of a wind energy system or met tower must take reasonable steps to prevent and eliminate any interference with the transmission and reception of electromagnetic communications, such as microwave, radio, telephone, or television signals.

(9)

Utility notification and interconnection. 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."

(10)

Met towers. Met towers shall meet the same standards, permit requirements, restoration requirements, and permit procedures as a wind energy system.

(Ord. No. 03-2009, § 17.212(4), 6-1-2009)

(a)

A wind energy system that is out-of-service for a continuous 12-month period may be deemed to have been abandoned. The village board may request from the owner of a wind energy system that is deemed to have been abandoned an explanation of the apparent lack of service.

(b)

If the wind energy system is determined to be abandoned, the owner of a wind energy system shall remove the wind generator and the tower at the owner's sole expense within six months of receipt of notice of abandonment. If the owner fails to remove the wind generator and the tower, the village board may pursue a legal action to have these removed at the owner's expense.

(Ord. No. 03-2009, § 17.212(5), 6-1-2009)

(a)

Application. An owner shall first submit an application to the plan commission for a conditional use permit for a wind energy system, as provided in section 38-39. The application shall be accompanied by two copies of the documents identified in subsection (b)(1) of this section as well as all documents required in section 38-39(b)(1) and the required fees.

(b)

Recommendation and approval. The plan commission shall then make its recommendation to the village board. If the conditional use permit is approved by the village board, application shall then be made for a building permit, requirements as follows:

(1)

Documents. The building 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.

Wind system specifications, including manufacturer and model, rotor diameter, tower height, tower type.

g.

Tower foundation blueprints or drawings.

h.

Tower blueprint or drawing.

(2)

Fees. The application for a building permit for a wind energy system must be accompanied by the fee required for a building permit.

(3)

Expiration. A permit issued pursuant to this article shall expire if the wind energy system is not installed and functioning within 24 months from the date the permit is issued.

(c)

Display of permit on premises. The owner shall conspicuously post the building permit on the premises so as to be visible to the public at all times until construction or installation of the wind energy system is complete.

(d)

Review consultation and expenses. If the village determines that it is necessary to consult with one or more professionals such as attorneys or engineers for purposes of application review, the reasonable costs and expenses billed by such professional may be charged to the applicant.

(Ord. No. 03-2009, § 17.212(6), 6-1-2009)

(a)

It is unlawful for any person to construct, install, or operate a wind energy system that is not in compliance with this article or with any condition contained in a conditional use permit issued pursuant to this article.

(b)

This article shall take effect on the day after publication of a summary thereof in The Sounder, the official newspaper of the village.

(Ord. No. 03-2009, § 17.212(7), 6-1-2009)