Sheboygan Town City Zoning Code
ARTICLE III
General Provisions
§ 335-7 Jurisdiction.
The jurisdiction of this chapter shall extend to those lands and waters lying within the corporate area within the limits of the Town of Sheboygan.
A.
The duty of the Building Inspector, with the aid of the Sheriff's Department or Town Ordinance Enforcement Officer, shall be to investigate all complaints, give notice of violations, and to enforce the provisions of this chapter. The Building Inspector and his duly appointed deputies may enter at any reasonable time onto any public or private lands or waters to make a building inspection.
B.
Access by Building Inspector. The Building Inspector shall have access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to insure compliance with this chapter. If entry is refused after presentation of proper identification, the inspector shall procure a special inspection warrant in accordance with Wis. Stats. § 66.0119.
C.
Construction Under Prior Ordinance. Nothing herein contained shall require any changes in plans, construction, size, or designated use of any building or part thereof for which a building permit has been issued before the effective date of this chapter, and the construction of which shall have been started within six months from the date of such permit.
D.
The Duty of the Town Board, Plan Commission and/or Their Designees. The Town Board, Plan Commission and/or their designees, which may include, but are not limited to, the Sheriff's Department, Town Ordinance Enforcement Officers, the Director of Public Works, Building Inspector, consulting architects, engineers or surveyors and the Town Attorney, shall have the authority to review, inspect, and enforce the provisions of this chapter.
[Added 3-18-2008 by Ord. No. 2008-3-18]
§ 335-8 Building permit.
Applications for a building permit shall be made in duplicate to the Town Clerk on forms furnished by the Town Clerk or the Building Inspector and shall include the following where applicable:
A.
Names and addresses of the applicant, owner of the site, architect, professional engineer, or contractor.
B.
Description of the subject site by lot, block, and recorded subdivision, or by metes and bounds, address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
C.
Plat of Survey prepared by a Wisconsin-licensed professional land surveyor showing the location, boundaries, dimensions, elevations, uses, and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets, and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; existing and proposed street, side and rear yards. In addition, the plat of survey shall show the location, elevation, and use of any abutting lands and their structures within 50 feet of the subject site.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
D.
Plans. With such application there shall be submitted two complete sets of plans and specifications. Plans for buildings required to comply with the State Building Code shall bear a stamp of approval from the Department of Safety and Professional Services. Such plans and specifications shall be submitted in duplicate; one set shall be returned after approval as hereinafter provided; another set shall remain in the file of the office of the Clerk. All plans or specifications shall be signed by the designer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
E.
Waiver of plans. If the Town Clerk finds that the character of the work is sufficiently described in the application, said Clerk may waive the filing of plans for alterations, repairs, or moving, providing the cost of such work does not exceed $2,000, except that the Building Inspector may waive plans for alterations, repairs, construction or moving of farm buildings, other than residences.
F.
Proposed sewage disposal plan. If municipal sewage service is not available. This plan shall be approved by Sheboygan County who shall certify, in writing, that satisfactory, adequate, and safe sewage disposal is possible on the site as proposed by the plan in accordance with the applicable local, county, and state board of health regulations.
G.
Proposed water supply plan. If municipal water service is not available, permits shall be received from the Department of Natural Resources.
H.
Additional information as may be required by the Plan Commission, Town Board, building, plumbing or health inspectors.
I.
Fee. A fee shall be paid to the Town Clerk as required by the Town Board.
J.
Approval of plans. If the Building Inspector determines that the proposed building will comply in every respect with all ordinances of the Town and all applicable laws and orders of the State of Wisconsin, he shall officially approve and stamp one set of the plans and return it to the owner, and the Clerk shall issue a building and zoning permit therefor which shall be kept and displayed at the site of the proposed building. After being approved, the plans and specifications shall not be altered in any respect which involves any of the above-mentioned ordinances, laws and orders, or which involves the safety of the building or occupants, except with the written consent of the Building Inspector. In case adequate plans are presented for part of the building only, the Building Inspector may, at his discretion, issue a permit for a part of the building before receiving the plans and specifications for the entire building.
K.
Septic tank permits. Issued by the County Planning Department and a percolation test prepared and signed by a licensed plumber or engineer showing the percolation rate, specification, and layout of the sewage disposal system.
L.
Time of issuing permits. Building permits shall be granted or denied in writing by the Town Clerk within 30 days. The permit shall expire within six months unless substantial work has been commenced. Any permit issued in conflict with the provisions of this chapter shall be null and void.
§ 335-9 Site restrictions.
No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Town Board by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of the Town. The Town Board shall recite, in writing, the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the Town Board may affirm, modify, or withdraw its determination of unsuitability.
A.
All lots shall abut upon a public street and each lot shall have a minimum frontage of 80 feet (see Subsection D for unsewered lots).
B.
All Principal structures shall be located on a lot, and only one principal structure shall be located, erected, or moved onto a lot.
C.
No building permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.
D.
Private sewer and water. In any district where public sewerage service is not available, the width and area of all lots shall be sufficient to permit the use of an on-site sewage disposal system designed in any district where a public water service or public sewerage service is not available, the lot width and area shall be determined in accordance with Ch. SPS 385, Wis. Adm. Code, but for one-family dwellings shall be no less than 100 feet and no less than 20,000 square feet, respectively.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
E.
Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yards on the less restrictive district shall be modified for a distance of not more than 60 feet from the district boundary line so as to equal the average of the street yards required in both districts.
§ 335-10 Use regulation.
Only the following uses and their essential services may be allowed in any district.
A.
Principal uses. Only those uses specified for a district.
B.
Accessory uses and structures are permitted in any district but not until their principal structure is present. Uses accessory to residential district developments shall not involve the conduct of any business, trade, or industry, except for home and professional occupations, as defined herein. Accessory uses include storage and parking facilities; gardens and gardening; servant's, owner's, itinerant farm laborer's, and watchman's quarters not for rent; private swimming pools; and private emergency shelters.
C.
Conditional uses and their accessory uses shall be allowed in specified districts after review, public hearing, and approval in accordance with procedures and standards established in Article VI, Conditional Uses.
D.
Uses not specified in this chapter may be allowed by the Town Board after the Plan Commission has made a review and written recommendation and provided that such uses are similar in character to the permitted or conditional uses in the district.
E.
Temporary uses, such as field offices and shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Building Inspector after the tenure thereof has been approved by the Town Board.
§ 335-11 Subdivision regulations.
All existing, undeveloped parcels of land of record in the County Register of Deeds Office, and any new land divisions or subdivisions as defined in the Subdivision Ordinance, Sheboygan County, Wisconsin, and the Town of Sheboygan regulations of subdivision and platting of land in Chapter 337, Subdivision and Land Development, of this Code, shall conform in full with the provisions of those regulations and ordinances. No building permit shall be issued for any lot until such compliance is assured.
A.
Septic tank and holding tank. In any area where public sewer service is available, no septic system, mound or otherwise, or holding tank, shall be allowed in said areas.
B.
County sanitary permit. No private water supply or sewage disposal system, or part thereof, shall be located, installed, moved, reconstructed, extended, enlarged, converted, substantially altered, or its use changed without a county sanitary permit and without full compliance with the Sanitary Ordinance, Sheboygan County, Wisconsin. No building permit shall be issued until any required installation of a safe and adequate water supply and sewage disposal system is assured and a sanitary permit is issued.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(1)
Mound. The base of the mound must be a minimum of five feet from the nearest lot line.
(2)
Filter field. The edge of a filter field must be a minimum of five feet from the nearest lot line.
§ 335-12 Reduction or joint use.
No lot, yard, parking area, building area, sanitary sewage disposal area, or other space shall be reduced in area of dimension so as not to meet the provisions of this chapter or other applicable local, county, or state regulations. No part of any lot, yard, parking area, sanitary sewage disposal area, or other space required for a structural use shall be used for any other structure or use.
§ 335-13 Performance standards.
A.
Compliance. This chapter permits specific uses in specific districts, and these performance standards are designed to limit, restrict, and prohibit the effects of those uses outside their premises or district. All structures, lands, air, and waters shall hereafter, in addition to their use, site and sanitary regulations, comply with the following performance standards.
B.
Air pollution. No activity shall emit any fly ash, fumes, vapors, mists, or gases in such quantities as to cause danger to the health of persons, animals, vegetation, or other forms of property. No activity shall emit any liquid or solid particles in concentrations exceeding .03 grains per cubic foot of the conveying gas, nor any color visible smoke equal to or darker than No. 2 on the Ringlemann Chart described in the United States Bureau of Mines Information Circular 7718; except for no more than four minutes during any six-hour period, each stack or chimney in an industrial district may emit smoke of Ringlemann No. 3. no hour per stack or chimney, except that once during any six hour period each stack or chimney in an industrial district may emit up to 20 smoke units when blowing soot or cleaning fires. No activity shall violate DNR air pollution regulations and standards.
C.
Water quality protection.
(1)
No activity shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials into any water, public sewer, public highway, or drainage ditch of such nature, quantity, obnoxiousness, toxicity, or temperature, that would be likely to runoff, seep, percolate, or wash into surface or subsurface waters so as to contaminate, pollute, or harm such waters or cause nuisances such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness, or be harmful to human, animal, plant or aquatic life, or overload the existing municipal utilities.
(2)
In addition, no activity shall discharge any liquid, gaseous, or solid materials so as to exceed or contribute toward the exceeding of the minimum standards (and those other standards and the application of those standards set forth in Chapter NR 102, Wisconsin Administrative Code).
D.
Fire and explosive hazards.
(1)
All activities involving the manufacture, utilization, processing, or storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate firefighting and fire-suppression equipment and devices that are standard in the industry.
(2)
All materials that range from active to intense burning shall be manufactured, utilized, processed, and stored only in completely enclosed buildings which have incombustible exterior walls and an automatic fire-extinguishing system. The aboveground storage capacity of materials that produce flammable or explosive vapors shall not exceed the following:
Closed Cup Flash Point | Gallons |
|---|---|
Over 187° F. | 400,000 |
105° F. to 197° F. | 200,000 |
Below 105° F. | 100,000 |
E.
Glare and heat. No activity shall emit glare or heat that is visible or measurable at the boundaries of the lot on which the principal use is located, except activities in an industrial district, which may emit direct or sky reflected glare which shall not be visible outside their district. All operations producing intense glare or heat shall be conducted within a completely enclosed building. Exposed sources of light shall be shielded so as not to be visible outside their premises.
F.
Control of odors. No operation or activities shall emit any substance or combination thereof in such quantities that create an objectionable odor as defined in Ch. NR 429, Wis. Adm. Code, as amended.
[Added 3-18-2008 by Ord. No. 2008-3-18]
G.
Noise. No operation or activity shall transmit any noise so that it unreasonably disturbs the peace and quiet of persons beyond the boundaries of the property, or the boundaries of the district if located in a business or industrial district.
[Added 3-18-2008 by Ord. No. 2008-3-18]
H.
Vibration.
[Added 3-18-2008 by Ord. No. 2008-3-18]
(1)
No operation or activity shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the property line of the source. Vibration perception threshold means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by direct means, such as, but not limited to, sensation by touch or visual observation of moving objects.
(2)
Vibrations not directly under the control of the property user and vibrations from temporary construction or maintenance activities shall be exempt from the above standard.
§ 335-14 Nonresidential development standards.
[Added 3-18-2008 by Ord. No. 2008-3-18]
A.
Applicability. The standards set forth below shall apply as follows:
(1)
To all new structures and development in R-3 General Residence District, R-4 Multiple-Family Residence and Office District, and every business, industrial, and mineral extraction zoning district, except that the herein-described development standards do not apply to property located in the Town Business Park. Property within the Town Business Park shall continue to be regulated by and subject to the Town of Sheboygan Business Park Protective Covenants as recorded in Volume 1181 of Records on Pages 193/207 in the office of the Register of Deeds for Sheboygan County as Document Number 1224985.
(2)
To all new nonresidential structures and development which may be allowed in the residential and agricultural zoning districts.
(3)
To all new structures and development in the Commercial Corridor Overlay District, and as otherwise set forth in this Code.
B.
Approvals required. No building, structure, improvement or development to which this section applies shall be constructed, placed on any lot, remodeled or altered until detailed plans and specifications for the same have been reviewed and approved by the Town Board after receiving the recommendation of the Plan Commission.
C.
Architectural standards. Buildings and structures shall comply with the following standards:
(1)
Buildings shall be designed by an architect or engineer. All sides, elevations and facades of buildings and structures shall be visually pleasing and architecturally and aesthetically compatible with the surrounding environment. Building materials shall be selected for their ability to present a visual statement of a building's purpose, attractiveness, and permanence. Building materials shall be harmonious with the general character of other buildings and structures in the adjacent neighborhood or area.
(2)
The front, side, and rear walls of all buildings shall be faced 75% with brick, decorative masonry, stone, architecturally finished precast concrete panels, glass or other decorative material; if special conditions exist, approval may be granted for as little as 50% coverage with such materials. In the event exceptional circumstances exist that justify a greater deviation from the herein described standards, said deviation may only be granted upon the approval of both the Plan Commission and Town Board. For the purpose of this architectural standard, lightweight or cinder concrete block shall not be considered a decorative masonry material. Exterior gutters and downspouts shall be permitted only along the side and rear of buildings.
(3)
Metal siding shall be used only as a minor building component not to exceed 25% of exterior wall surface, excluding roofing, in combination with one of the above materials unless approval is granted to exceed this amount. The metal panels must be attractive, durable, of an earth tone or compatible color, and not merely an inexpensive method of building.
(4)
All mechanical equipment should be screened with parapets or the roof form.
(5)
The architectural standards and design of any accessory buildings shall be consistent with the design and materials of the principal building(s).
D.
Exterior lighting standards. Exterior lighting shall be in accord with the following standards:
(1)
Exterior lighting shall be located, oriented, and shielded and of an intensity so as to illuminate only the building or lot without adversely affecting activity on adjacent buildings, lots, or traffic on streets and highways. Exterior light poles shall not exceed a maximum height of 20 feet.
(2)
The emission of exterior light shall be directed away from nearby residential areas.
(3)
Exterior lights shall not flash, pulsate, nor impair or hinder vision on public streets rights-of-way or adjacent properties.
(4)
Exterior lighting shall meet the standards promulgated by the Illuminating Engineering Society of North America.
(5)
Exterior lighting fixtures shall be shaded whenever necessary to avoid casting direct light upon any property located in a residential district or upon any public street or park.
[Added 3-21-2023 by Ord. No. 032123-3]
E.
Landscaping standards. Landscaping shall be in accord with the following standards:
(1)
General. All developed areas of any lot not used for building, parking, driveways, or storage shall be landscaped with a combination of grass, trees, shrubs, berms, and planted ground covers. Areas of the site held or designated for expansion shall be planted with grass and maintained as specified herein.
(2)
Parking areas. Parking lots and driveways shall incorporate the following design standards:
(a)
Perimeter and interior lot line greenbelt: A perimeter greenbelt of at least five feet in width shall be installed along all interior lot lines. Perimeter edges should be landscaped with a combination of plant material and earth berming whenever possible. Perimeter greenbelt landscaping may be omitted along side lot lines which have shared driveways with adjacent lots. The omitted area is limited to that portion from the street to the required minimum building setback line or as necessary to accommodate access cuts.
(b)
Additional interior green space. The interior of parking lots shall be provided with landscape areas consisting of at least 5% of the total surface area intermittently placed throughout the parking area.
(c)
Location. Interior landscape plantings may be located in protected areas such as along walkways, in center islands, in end islands, or between parking stalls. Perimeter edge screening and berming should be limited in height to allow a line of sight to the buildings and not obstruct sight distance at entry drives. Parking areas located beyond the forty-foot setback required from existing or planned public street right-of-way shall be screened by berm(s) and/or landscaping.
(d)
Landscape materials. Landscape materials may include shrubs, hardy flowing trees and/or decorative evergreen and deciduous trees. New trees shall have a minimum caliper of two to 2 1/2 inches for canopy trees. The area around trees and planting beds shall be planted with shrubs or ground cover and covered with mulch, bark, or appropriate landscape stones.
§ 335-15 Unlawful acts.
It shall be unlawful to construction or use any structure, land, or water in violation of any of the provisions of this chapter. In case of any violation, the Town Board, the Building Inspector, the Plan Commission, or any property owner who would be specifically damaged by such violation, may institute appropriate action or proceeding to enjoin the violation of this chapter.
§ 335-16 Violations and penalties.
Any person, firm or corporation who fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $10 nor more than $500, and costs of prosecution for each violation, and in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense.
§ 335-17 Large wind energy systems.
[Added 5-20-2008; amended 7-17-2012 by Ord. No. 2012-7-17]
A.
Applicability. This section applies to all wind energy systems, as defined by § 66.0403(1)(m), Wis. Stats., used to convert wind energy to electrical energy, except for small wind energy systems, as defined in § PSC 128.01(20), Wis. Adm. Code. This section applies to the construction of a wind energy system or the expansion of an existing or previously approved wind energy system.
B.
Definitions. The definitions set forth in Wis. Adm. Code Chapter PSC 128 are incorporated herein.
C.
Permitted uses. Wind energy systems are permitted uses in all zoning districts, except in areas that are primarily designated for future residential or commercial development, as shown on the Town's Comprehensive Plan that was in existence as of June 2, 2009, or as shown in such maps after December 31, 2015, as part of a required update to a Comprehensive Plan. This subsection shall apply only to wind energy systems having a total nameplate capacity of at least one megawatt (1,000 kilowatts).
D.
Owner requirements. The owner requirements specified in Wis. Adm. Code §§ PSC 128.13 to 128.19 related to the following are hereby incorporated in their entirety:
(1)
Siting criteria, including setback and height requirements;
(2)
Noise criteria;
(3)
Shadow flicker;
(4)
Signal interference;
(5)
Stray voltage;
(6)
Construction and operation, including physical characteristics; and
(7)
Decommissioning.
E.
Application and notice requirements.
(1)
At least 90 days before an owner files an application to construct a wind energy system, an owner shall provide written notice of the planned system to all of the following:
(a)
Landowners within one mile of a planned wind turbine host property;
(b)
The Town Clerk;
(c)
Emergency first responders and air ambulance providers servicing the Town;
(d)
The Wisconsin Department of Transportation;
(e)
The Public Service Commission; and
(f)
The Wisconsin Department of Natural Resources.
(2)
At least 90 days after filing the notice required under § 335-17E(1) above, an owner shall file with the Town Clerk 12 copies of an application to construct a wind energy system. Such application shall include the information specified in Wis. Adm. Code § PSC 128.30(2). The owner shall also provide documentation showing that the real property owners' consent to the installation of the proposed wind energy system on their property and copies of any wind energy system easements that have been recorded in the Register of Deeds Office. The owner shall ensure that all information contained in the application is correct.
(3)
On the same day an owner files an application with the Town Clerk, the owner shall provide written notice of the filing to property owners and residents located within one mile of the proposed location of the wind energy system facility. Such notification shall meet the requirements of Wis. Adm. Code § PSC 128.30(5)(a).
(4)
As soon as possible after receiving the application for a wind energy system, the Town Clerk shall publish a Class 1 Notice, under Wis. Stats. Chapter 985, stating that an application for a wind energy system has been filed with the Town. The Notice shall include the following:
(a)
Brief description of the proposed wind energy system and its proposed location;
(b)
The locations where the application is available for public review;
(c)
The method and time period for public comments; and
(d)
The approximate schedule for reviewing the application by the Town.
(5)
Within 45 days of receiving an application, the Plan Commission shall determine whether the application is complete and notify the applicant as to the determination. An application is complete if it meets the requirements of § 335-17E(2), above. If the Plan Commission determines that the application is incomplete, it shall provide notice to the owner stating the reason for the determination, and the owner shall provide the information necessary to complete and refile the application. There is no limit on the number of times an applicant may supplement and refile an application. If the Plan Commission fails to make a determination as to the completeness within 45 days after the application is filed, it shall be deemed complete. Each time an owner supplements an incomplete application, an additional forty-five-day completeness review period shall begin the day after the owner refiles the application.
(6)
The Town Clerk shall make an application for a wind energy system available for public review at the Town Hall and at the Mead Public Library, 710 North 8th Street, Sheboygan, Wisconsin 53081.
(7)
The Plan Commission shall review and make a recommendation as to the approval of the application. At the Town Board's option, the public meeting may be held by the Town Plan Commission.
(8)
The Town Board or Plan Commission may request additional information necessary to understand the wind energy system after the Plan Commission has determined an application is complete. An owner shall provide additional information in response to all reasonable requests in a timely, complete and accurate manner.
(9)
The Town Board shall hold at least one public meeting prior to making a decision on the application to inform the public about the proposed wind energy system and to obtain public comments thereon. At least one business day prior to the public meeting, the public may submit written comments to the Town Clerk during the Clerk's regular office hours, by mail, or at the drop-box at the Town Hall.
(10)
The Town Board shall approve or disapprove an application no later than 90 days after the day on which the Plan Commission notifies the applicant that the application is complete. If the Town Board fails to act within the 90 days, or within the extended review period, the application is considered approved. The review period may be extended if, within the initial ninety-day review period, the Town Board authorizes in writing any combination of the following extensions, except that the total amount of time for all extensions granted hereunder may not exceed 90 days:
(a)
Up to 45 days if the Town Board needs additional information to determine whether to approve or deny the application;
(b)
Up to 90 days if the owner makes a material change to the application for approval;
(c)
Up to 90 days for other good cause specified in writing by the Town Board.
(11)
If the wind energy system is proposed to be located in more than one political subdivision, the Town may conduct a joint application review process in accordance with Wis. Adm. Code § PSC 128.30(7).
F.
Conditions of approval. The Town Board may place conditions on the approval of a wind energy system application or require any of the provisions as outlined in Wis. Adm. Code § PSC 128.33.
G.
Written decision.
(1)
The Town Board shall issue a written decision to grant or deny an application for a wind energy system. The decision shall include findings of fact supported by evidence in the record. Any denial shall specify the reason for denial.
(2)
The Town Clerk shall provide the written decision to the owner and to the Public Service Commission. If approved, the Town shall provide the owner with a duplicate original of the decision, and the owner shall record such original with the Sheboygan County Register of Deeds Office.
(3)
Change in ownership does not affect the approval of a wind energy system. The owner shall provide not less than 90 days' prior written notice to the Town Clerk advising of the transfer of ownership.
H.
Compliance monitoring. The Town Board, or their designees, shall act as a monitoring committee to determine compliance with any condition established as a condition of approval or to assess when wind energy system facilities are not maintained in good repair and operating condition. The monitoring committee may establish a compliance monitoring procedure including time lines, provide for payment of reasonable fees, and notice requirements, as it deems appropriate.
I.
Post-construction filing requirements. Within 90 days of the date a wind energy system commences operation, the owner shall file with the political subdivision and the Public Service Commission an as-built description of the wind energy system, an accurate map of the wind energy system showing the location of all wind energy facilities, geographic information system showing the location of all wind energy systems and current information identifying the owner of the wind energy system. Each wind turbine location shall be labeled with a unique identifier.
J.
Modifications. An owner may not make a material change in the approved design, location or construction of a wind energy system without the prior written approval of the Town. The owner shall submit an application for the material change, along with the appropriate fee, to the Town Clerk. The application and notice requirements, except the pre-application notice, the conditions of approval, and the written decision requirements of this chapter shall apply to any application for a material change.
K.
Complaint process. The complaint process and notice requirements set forth in Wis. Adm. Code §§ PSC 128.40 and 128.42 are incorporated herein.
L.
Fees.
(1)
An owner shall submit a nonrefundable application fee as set forth in the Town of Sheboygan Zoning Fee Resolution, which may be amended from time to time by Town Board resolution.
(2)
An owner shall be responsible for all reasonable fees and costs incurred by the Town Board for any services necessary to review an application, which may include the costs of services provided by outside engineers, attorneys, planners, environmental, specialists, and other consultants or experts of the Town's choosing. The owner shall be responsible for third-party inspection fees regarding compliance with approved construction requirements.
(3)
An owner shall deposit 1% of the total estimated project cost, or an amount as otherwise determined by the Town Board, with the Town Clerk, which represents 50% of the total estimated amount of reimbursement for the Town's review of the application. Such amount shall be paid before the Town issues a written decision on the application. The Town shall hold the estimated fees in a non-interest-bearing account, and shall refund any overpayment of estimated fees to the owner one year after the wind energy system commences operation. Any fees or costs that remain unpaid for more than 30 days after written demand by the Town shall result in the application being denied. The owner shall be responsible for the difference between the deposited amount and the Town's actual fees. Any fees that remain unpaid after 30 days shall accrue interest at a rate of 12% per annum and may be assessed against the property as a special charge.
M.
Administrative Code references. All references to the Wis. Adm. Code Chapter PSC 128 are to the 2011 version. Any amendments to Chapter PSC 128 shall be incorporated herein.
§ 335-18 Small wind energy systems.
[Added 7-17-2012 by Ord. No. 2012-7-17]
A.
Applicability. This section applies to small wind energy systems, as defined by Wis. Adm. Code § PSC 128.01(20), to be a wind energy system that has a total installed nameplate capacity of 300 kilowatts or less and that consists of individual wind turbines that have an installed nameplate capacity of not more than 100 kilowatts. This section applies to the construction of a wind energy system or the expansion of an existing or previously approved wind energy system.
B.
Definitions. The definitions set forth in Wis. Adm. Code Chapter PSC 128 are incorporated herein.
C.
Permitted uses. Small wind energy systems are permitted uses in all zoning districts, provided all requirements of this section are met.
D.
Owner requirements.
(1)
The owner requirements specified in Wis. Adm. Code §§ PSC 128.13 to 128.19 related to the following are hereby incorporated in their entirety:
(a)
Siting criteria, including setback and height requirements;
(b)
Noise criteria;
(c)
Shadow flicker;
(d)
Signal interference;
(e)
Stray voltage;
(f)
Construction and operation, including physical characteristics; and
(g)
Decommissioning.
(2)
Small wind energy systems shall be subject to the exemptions and modifications required by Wis. Adm. Code §§ PSC 128.60 and 128.61.
E.
Application and notice requirements.
(1)
At least 60 days before an owner files an application to construct a small wind energy system, the owner shall file a notice of the proposed construction to adjacent landowners and the Town Clerk.
(2)
An owner shall file with the Town Clerk 12 copies of an application to construct a small wind energy system. Such application shall include the information specified in Wis. Adm. Code § PSC 128.30(2), except the emergency plan and decommissioning and site restoration plan, and shall include all worksheets, maps, and other attachments included in the application. The owner shall ensure that all information contained in the application is correct. The owner shall also provide the following:
(a)
Documentation showing that the real property owners consent to the installation of the proposed small wind energy system on their property;
(b)
Copies of any wind energy system easements that have been executed and/or recorded in the Register of Deeds Office;
(c)
Copies of all necessary state and federal permits and approvals.
(3)
On the same day an owner files an application with the Town Clerk, the owner shall provide written notice of the filing to property owners and residents located within one mile of the proposed location of the wind energy system facility. Such notification shall meet the requirements of Wis. Adm. Code § PSC 128.30(5)(a). An application is considered "filed" the day the owner notifies the Town in writing that all application materials have been filed.
(4)
Within 45 days of the filing of an application, the Plan Commission shall determine whether the application is complete and notify the applicant as to the determination. An application is complete if it meets the requirements of § 335-18E(2) above. If the Plan Commission determines that the application is incomplete, it shall provide notice to the owner stating the reason for the determination, and the owner shall provide the information necessary to complete and refile the application. There is no limit on the number of times an applicant may supplement and refile an application. If the Town fails to make a determination as to the completeness within 45 days after the application is filed, it shall be deemed complete. Each time an owner supplements an incomplete application, an additional forty-five-day completeness review period shall begin the day after the Town receives responses to the items identified in the notice.
(5)
As soon as possible after receiving the application for approval of a small wind energy system, the Town Clerk shall publish a Class 1 Notice, under Wis. Stats. Chapter 985, stating that an application for a wind energy system has been filed with the Town. The notice shall include the following:
(a)
Brief description of the proposed wind energy system and its proposed location;
(b)
The locations where the application is available for public review;
(c)
The method and time period for public comments; and
(d)
The approximate schedule for review of the application by the Town.
(6)
The Town Clerk shall make an application for a wind energy system available for public inspection at the Town Hall and at the Mead Public Library, 710 North 8th Street, Sheboygan, Wisconsin 53081.
(7)
The Plan Commission shall review and make a recommendation as to the approval of the application. At the Town Board's option, the public meeting may be held by the Town Plan Commission.
(8)
The Town Board or Plan Commission shall hold at least one public meeting prior to making a decision on the application to inform the public about the proposed small wind energy system and to obtain public comments thereon. At least one business day prior to the public meeting, the public may submit written comments to the Town Clerk during the Clerk's regular office hours, by mail, or at the drop box at the Town Hall.
(9)
The Town Board or Plan Commission may request additional information necessary to understand the small wind energy system after the Plan Commission has determined the application is complete. An owner shall provide additional information in response to all reasonable requests in a timely, complete and accurate manner.
(10)
The Town Board shall approve or disapprove an application no later than 90 days after the day on which the Plan Commission notifies the applicant that the application is complete. If the Town Board falls to act within the 90 days, or within the extended review period, the application is considered approved. The review period may be extended if within the initial ninety-day review period, the Town Board authorizes in writing any combination of the following extensions, except that the total amount of time for all extensions granted hereunder may not exceed 90 days:
(a)
Up to 45 days if the Town Board needs additional information to determine whether to approve or deny the application;
(b)
Up to 90 days if the owner makes a material change to the application for approval;
(c)
Up to 90 days for other good cause specified in writing by the Town Board.
(11)
If the wind energy system is proposed to be located in more than one political subdivision, the Town may conduct a joint application review process in accordance with Wis. Adm. Code § PSC 128.30(7).
F.
Written decision.
(1)
The Town Board shall issue a written decision to grant or deny an application for a small wind energy system. The decision shall include findings of fact supported by evidence in the record. Any denial shall specify the reason for denial.
(2)
The Town Clerk shall provide a copy of the written decision to the owner and to the Public Service Commission. If approved, the Town shall provide the owner with a duplicate original of the decision, and the owner shall record such original with the Sheboygan County Register of Deeds Office.
(3)
Change in ownership does not affect the approval of a small wind energy system. The owner shall provide not less than 90 days' prior written notice to the Town Clerk advising of the transfer of ownership.
G.
Modifications. An owner may not make a material change in the approved design, location or construction of a wind energy system without the prior written approval of the Town. The owner shall submit an application for the material change, along with the appropriate fee, to the Town Clerk. The application and notice requirements, except the preapplication notice, and written decision requirements of this chapter shall apply to any application for a material change.
H.
Complaint process. The complaint process and notice requirements set forth in Wis. Adm. Code § PSC 128.40 are incorporated herein, except as exempted under Wis. Adm. Code § PSC 128.60.
I.
Fees.
(1)
An owner shall submit a nonrefundable application fee as set forth in the Town of Sheboygan Zoning Fee Resolution, which may be amended from time to time by Town Board resolution.
(2)
An owner shall be responsible for all reasonable fees and costs incurred by the Town Board for any services necessary to review an application, which may include the costs of services provided by outside engineers, attorneys, planners, environmental specialists, and other consultants or experts of the Town's choosing. The owner shall be responsible for third-party inspection fees regarding compliance with approved construction requirements.
(3)
An owner shall deposit 2% of the total estimated project cost, or an amount as otherwise determined by the Town Board, with the Town Clerk. Such deposit represents 50% of the total estimated amount of reimbursement for the Town's review of the application. Such amount shall be paid before the Town issues a written decision on the application. The owner shall be responsible for the difference between the deposited amount and the Town's actual fees. The Town shall hold the estimated fees in a non-interest-bearing account and shall refund any overpayment of estimated fees to the owner one year after the wind energy system commences operation. Any fees or costs that remain unpaid for more than 30 days after written demand by the Town shall result in the application being denied. Any fees that remain unpaid after 30 days shall accrue interest at a rate of 12% per annum and may be assessed against the property as a special charge.
J.
Administrative Code references. All references to the Wis. Adm. Code Chapter PSC 128 are to the 2011 version. Any amendments to Chapter PSC 128 shall be incorporated herein.