Reedsburg City Zoning Code
ARTICLE XIII
Height, Towers and Solar Access
§ 690-58 Height/mobile towers.
A.
Communication structures such as radio and television transmission and relay towers, aerials, and observation towers shall not exceed in height three times their distance from the nearest lot line.
B.
Agricultural structures such as barns, silos, and windmills shall not exceed in height their distance from the nearest lot line.
C.
Public or semipublic facilities such as schools, churches, hospitals, monuments, sanitariums, libraries, governmental offices and stations may be erected to a height of 60 feet.
D.
New construction or substantial modification of facilities and support structures.
(1)
Per § 66.0404, Wis. Stats., any of the following activities are regulated under this section:
(2)
If an activity described under Subsection D(1) is proposed, the application shall be in writing and shall contain all of the following information:
(a)
The name and business address of, and the contact individual for, the applicant.
(b)
The location of the proposed or affected support structure.
(c)
The location of the proposed mobile service facility.
(d)
If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
(e)
If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.
(f)
If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
(3)
If an applicant submits an application for a permit to engage in an activity described under Subsection D(1) and which contains all of the information required under Subsection D(2), the application is considered complete. If the application is not complete, the City shall notify the applicant, in writing, within 10 days of receiving the application that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
(4)
Within 90 days of its receipt of a complete application, the City shall complete all of the following or the applicant may consider the application approved, except that the applicant and the City may agree, in writing, to an extension of the ninety-day period:
(a)
Review the application by the Plan Commission to determine whether it complies with all applicable aspects of Chapter 242, Building Construction, and subject to the limitations in this section of this chapter.
(b)
Make a final decision whether to approve or disapprove the application.
(c)
Notify the applicant, in writing, of its final decision.
(d)
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(5)
The Plan Commission may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under Subsection D(2)(f).
(6)
A party who is aggrieved by the final decision of the Plan Commission under Subsection D(4)(b) may bring an action in the Circuit Court of Sauk County.
(7)
If an applicant provides the Plan Commission with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required in this chapter, this chapter does not apply to such a structure unless the Plan Commission provides the applicant with substantial evidence that the engineering certification is flawed.
E.
Collocation of existing support structures.
(1)
A Class 2 collocation is a permitted use and is subject to the same requirements for the issuance of a building permit to which any other type of commercial development or land use development is subject.
(2)
If an applicant submits an application for a permit to engage in a Class 2 collocation, the application shall contain all of the information required under Subsection D(2)(a) to (c), in which case the City shall consider the application complete. If any of the required information is not in the application, the City shall notify the applicant, in writing, within five days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
(3)
Within 45 days of its receipt of a complete application, the City shall complete all of the following or the applicant may consider the application approved, except that the applicant and the City may agree, in writing, to an extension of the forty-five-day period.
(a)
Make a final decision whether to approve or disapprove the application.
(b)
Notify the applicant, in writing, of its final decision.
(c)
If the application is approved, issue the applicant the relevant permit.
(d)
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
F.
Limitations. With regard to an activity described in Subsection D(1) or a Class 2 collocation, the City may not do any of the following:
(1)
Impose environmental testing, sampling, or monitoring requirements, or other compliance measures for radio frequency emissions, on mobile service facilities or mobile radio service providers.
(2)
Enact an ordinance imposing a moratorium on the permitting, construction, or approval of any such activities.
(3)
Enact an ordinance prohibiting the placement of a mobile service support structure in particular locations within the City.
(4)
Charge a mobile radio service provider a fee in excess of one of the following amounts:
(6)
Permit third-party consultants to charge the applicant for any travel expenses incurred in the consultant's review of mobile service permits or applications.
(8)
Enact or enforce an ordinance related to radio frequency signal strength or the adequacy of mobile service quality.
(9)
Impose a surety requirement, unless the requirement is competitively neutral, nondiscriminatory, and commensurate with the historical record for surety requirements for other facilities and structures in the City which fall into disuse. There is a rebuttable presumption that a surety requirement of $20,000 or less complies with this subsection.
(10)
Prohibit the placement of emergency power systems.
(11)
Require that a mobile service support structure be placed on property owned by the City.
(12)
Disapprove an application based solely on the height of the mobile service support structure or on whether the structure requires lighting.
(13)
Condition approval of such activities on the agreement of the structure or mobile service facility owner to provide space on or near the structure for the use of or by the City at less than the market rate, or to provide the City other services via the structure or facilities at less than the market rate.
(14)
Limit the duration of any permit that is granted.
(15)
Require an applicant to construct a distributed antenna system instead of either constructing a new mobile service support structure or engaging in collocation.
(16)
Disapprove an application based on an assessment by the City of the suitability of other locations for conducting the activity.
(17)
Require that a mobile service support structure, existing structure, or mobile service facilities have or be connected to backup battery power.
(18)
Impose a setback or fall zone requirement for a mobile service support structure that is different from a requirement that is imposed on other types of commercial structures.
(19)
Consider an activity a substantial modification under § 66.0404(1)(s)1. or 2., Wis. Stats., if a greater height is necessary to avoid interference with an existing antenna.
(20)
Consider an activity a substantial modification under § 66.0404(1)(s)3., Wis. Stats., if a greater protrusion is necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable.
(21)
Limit the height of a mobile service support structure to under 200 feet.
(22)
Condition the approval of an application on, or otherwise require the applicant's agreement to indemnify or insure the City in connection with, the City's exercise of its authority to approve the application.
(23)
Condition the approval of an application on, or otherwise require the applicant's agreement to permit the City to place at or collocate with the applicant's support structure any mobile service facilities provided or operated by, whether in whole or in part, the City or an entity in which the City has a governance or competitive, economic, financial or other interest.
§ 690-59 Solar and wind access.
A.
Purpose. The purpose of this section is to provide a means for the City of Reedsburg to guarantee solar and wind access rights pursuant to § 66.0403, Wis. Stats., and Ch. PSC 128, Wis. Adm. Code. The Zoning Administrator or Plan Commission may waive any requirement of this section for solar and wind energy systems that are intended for personal use.
B.
General regulations.
(1)
Any owner who has installed or intends to install a solar or wind collector may apply to the Zoning Administrator for a solar or wind access permit. Fees as per the current City Fee Schedule on file in the City's offices or available on the City's website shall be paid prior to the issuance of the permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
A permit may not affect any land except land that, at the time the permit is granted, is within the territorial limits of the City or is within the extraterritorial zoning area of the City.
C.
Wind energy system notice requirements.
(1)
Preapplication notice. At least 90 days before an owner files an application to construct a wind energy system, an owner shall use commercially reasonable methods to provide written notice of the planned wind energy system to all of the following:
(a)
Landowners within one mile of a planned wind turbine host property.
(b)
Political subdivisions within which the wind energy system may be located.
(c)
Emergency first responders and air ambulance service providers serving a political subdivision within which the wind energy system may be located.
(d)
The Wisconsin Department of Transportation.
(e)
Public Service Commission.
(f)
The DNR.
(g)
The Wisconsin Department of Agriculture, Trade and Consumer Protection.
(h)
The office of the Deputy Undersecretary of the United States Department of Defense.
(2)
Additional preapplication notice to commission. At least 180 days before filing an application to construct a wind turbine with a maximum blade tip height exceeding 600 feet, the owner shall provide written notice of the planned wind energy system to the commission.
(3)
Preapplication notice requirements. The owner shall include all of the following in a notice under Subsection C(1) and/or (2):
(a)
A complete description of the wind energy system, including the number and size of the planned wind turbines.
(b)
A map showing the planned location of all wind energy system facilities.
(c)
Contact information for the owner.
(d)
A list of all potential permits or approvals the owner anticipates may be necessary for construction of the wind energy system.
(e)
Whether the owner is requesting a joint application review process under § PSC 128.30(7), Wis. Adm. Code, and the name of each political subdivision that may participate in the joint review process.
(4)
Contents of an application. An owner shall complete and file with the City an application that includes all of the following:
(a)
Wind energy system description and maps showing the locations of all proposed wind energy facilities.
(b)
Time line and process for constructing the wind energy system.
(c)
Information regarding noise anticipated.
(d)
Information regarding shadow flicker anticipated.
(e)
Information regarding the anticipated effects of the wind energy system on existing land uses within 0.5 mile of the wind energy system.
(f)
Information regarding the anticipated effects on airports and airspace.
(g)
Information regarding the anticipated effects on line-of-sight communications.
(h)
A list of all state and federal permits required to construct and operate the wind energy system.
(i)
Information regarding the planned use and modification of roads within the City or towns during the construction, operation, and decommissioning of the wind energy system, including a process for assessing road damage caused by wind energy system activities and for conducting road repairs at the owner's expense.
(j)
A copy of all emergency plans developed in collaboration with appropriate first responders.
(k)
A decommissioning and site restoration plan providing reasonable assurances that the owner will be able to comply with § PSC 128.19.
(l)
Any other information necessary to understand the construction, operation or decommissioning of the proposed wind energy system.
D.
Solar and wind access permit applications.
(1)
The Zoning Administrator shall determine if an application is satisfactorily completed and shall notify the applicant of its 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 that the applicant proposes to be restricted by the permit under § 690-59D(5). The applicant shall submit to the Zoning Administrator a copy of a signed receipt for every notice delivered under this subsection. The Zoning Administrator 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 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)
The telephone number, address and office hours of the Zoning Administrator.
(e)
That any person may request a hearing under § 690-59D(2) within 30 days after receipt of the notice, and the address and procedure for filing the request.
(2)
Hearing. Within 30 days after receipt of the notice under § 690-59D(1), any person who has received a notice may file a request for a hearing on the granting of a permit or the Zoning Administrator may determine that a hearing is necessary even if no such request is filed. If a request is filed or if the Zoning Administrator 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 owners notified under § 690-59D(1) and any other person filing a request of the time and place of the hearing.
(3)
Permit grant.
(a)
The Plan Commission shall grant a permit if it determines that:
[1]
The granting of a permit will not unreasonably interfere with the orderly land use and development plans of the municipality;
[2]
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 § 690-59D(1), 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
[3]
The benefits to the applicant and the public will exceed any burdens.
(b)
The Plan Commission may grant a permit subject to any condition or exemption it 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 exemption may include but are not limited to restriction on the location of the collector and requirements for the compensation of persons affected by the granting of the permit.
(c)
The Plan Commission may deny an application for approval if the proposed site of the wind energy system is in an area primarily designated for future residential or commercial development, as shown in a map that is adopted, as part of the City's Comprehensive Plan, under § 66.1001(2)(b) and (f), Wis. Stats., before June 2, 2009, or as shown in such maps after December 31, 2015, as part of the Comprehensive Plan that is updated as required under § 66.1001(2)(i), Wis. Stats.. This subsection applies to a wind energy system that has a nominal capacity of at least one megawatt.
(d)
Wind energy system standards for siting, noise, shadow flicker, signal interference, stray voltage, and construction and operation shall comply with Ch. PSC 128, Subchapters II and V, Wis. Adm. Code.
(e)
Small wind energy systems shall comply with Ch. PSC 128, Subchapter VI, Wis. Adm. Code.
(4)
Record of permit. If the Plan Commission grants a permit:
(a)
The Commission shall specify the property restricted by the permit under § 690-59D(5) and shall prepare notice of the granting of the permit. The notice shall include the identification required under § 690-59D(1) 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 under § 690-59D(5), 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 under § 690-59D(7) or unless an agreement affecting the property is filed under § 690-59D(8) .
(c)
For wind systems, a political subdivision shall provide its written decision to the owner and to the Commission. If a political subdivision approves an application for a wind energy system, the political subdivision shall provide the owner with a duplicate original of the decision.
(d)
The owner shall record the duplicate original of a decision approving an application with the Register of Deeds for the county in which the wind energy system is located.
(e)
Copies of the record notices shall be mailed to the owner of the property restricted by the permit.
[Added 2-22-2021 by Ord. No. 1918-21]
(5)
Remedies for impermissible interference.
(a)
Any person who uses property which he or she 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 permit holder or applicant for damages, except as provided under Subsection D(5)(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 § 690-59D(1) or the Plan Commission determines not to grant a permit after a hearing under § 690-59D(2).
[2]
A permit affecting the property is terminated under § 690-59D(7).
[3]
An agreement affecting the property is filed under § 690-59D(8).
(b)
A permit holder is entitled to an injunction to require the trimming of any vegetation that creates or would create an impermissible interference as defined under § 690-59D(5). 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's fees.
(c)
"Impermissible interference" means the blockage of wind from a wind energy system or solar energy from a collector surface or proposed collector surface for which a permit had 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.
[Added 2-22-2021 by Ord. No. 1918-21]
(d)
"Impermissible interference" does not include:
[Added 2-22-2021 by Ord. No. 1918-21]
[1]
Blockage by a narrow protrusion, including, but not limited to, a pole or wire, which does not substantially interfere with absorption of solar energy by a solar collector or does not substantially block wind from a wind energy system.
[2]
Blockage by any structure constructed, under construction for which a building permit has been applied for before the date the last notice is mailed or delivered.
(e)
"Impermissible interference" includes vegetation planted before the date the last notice is mailed or delivered provided that the permit holder shall be responsible for the cost of trimming and such vegetation; and the permit holder shall give consideration to proper pruning procedures and 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.
[Added 2-22-2021 by Ord. No. 1918-21]
(6)
Appeals and complaints.
(a)
Appeals. A decision of the Plan Commission to determine that an application is incomplete, or to approve, disapprove, or impose a restriction upon a wind energy system, or an action of the City to enforce a restriction on a wind energy system, may be appealed as provided under § 66.0401(5), Wis. Stats.
(b)
Complaints.
[1]
An aggrieved person may make a complaint regarding failure by an owner to comply with an obligation under this chapter or an ordinance adopted under this chapter.
[2]
A complaint under this subsection shall be made first to the owner of the energy system pursuant to a complaint resolution process developed by the owner.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[3]
A complainant may petition the City for review of a complaint that is not resolved within 45 days of the day the owner receives the original complaint.
[4]
The City's decision under Subsection D(6)(b)[3] is subject to review under § 66.0401(5), Wis. Stats.
(7)
Termination of solar and wind access rights.
(a)
Any right protected by a permit under this section shall terminate if the Plan Commission determines that the solar or wind collector who is the subject of the permit is:
(b)
The Plan Commission shall give the permit holder written notice and an opportunity for a hearing on a proposed termination under Subsection D(1).
(c)
If the Plan Commission terminates a permit, the Commission may charge the permit holder for the cost of recording and record a notice of termination with the Register of Deeds, who shall record the notice with the notice recorded under § 690-59C and D(1) or indicate on any notice recorded under Subsection D(2) that the permit has been terminated.
(d)
Decommissioning of wind energy systems shall comply with § PSC 128.19, Wis. Adm. Code.
(8)
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 Register of Deeds, who shall record such copy with the notice recorded under § 690-59D(4)(b).
(9)
Preservation of rights. The transfer of title to any property shall not change the rights and duties under this section.
(10)
Construction.
(a)
This section may not be construed to require that an owner obtain a permit prior to installing a solar or wind collector.
(b)
This section may not be construed to mean that acquisition of a renewable energy resource easement under § 700.35, Wis. Stats., is in any way contingent upon the granting of a permit under this section.