15.770 Small Wind Energy Systems.
(1) Statutory Authorization. The ordinance codified in this section is adopted pursuant to the authority contained in Wis. Stat. §§ 66.0401 and 66.0403.
(2) Purpose. The purpose of this section is to oversee the permitting of small wind energy systems, and to preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a small wind energy system.
(3) Definitions. For purposes of this section, the following terms shall have the meanings indicated:
Meteorological or MET tower means the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to measure, monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resources at a given location.
Owner means any property owner, individual or other legal entity that applies for a building permit or a conditional use permit on its own behalf, or as a representative of a lessee, licensee, assignee or optionee, desiring to build or erect a small wind energy system pursuant to this section.
Rotor diameter means the cross-sectional dimension of the circle swept by the rotating blades.
Small wind energy system means a wind energy system that: (1) is used to generate electricity; (2) has not more than two wind turbines; and has a total height of 425 feet or less.
Total height means the vertical distance from the ground or water level to the tip of a wind generator blade when the tip is at its highest point.
Tower means the monopole, freestanding, or guyed 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 in Wis. Stat. § 66.0403(1)(m). This equipment includes, but is not limited to, any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, substation, MET towers, other component used in the system, and buildings accessory to such system or facility.
Wind generator means blades and associated mechanical and electrical conversion components mounted on top of the tower.
(4) Standards. A small wind energy system shall be permitted as a conditional use: (a) upon property located in the “I-1” or “I-2” Zoning Districts, or upon property owned by the City or MPU regardless of the zoning district; or (b) upon property annexed to the City pursuant to Wis. Stat. § 66.0223(1); or (c) upon property owned by the City and covered under Wisconsin legislative lakebed grants. Property upon which a small wind energy system is to be located shall meet the requirements under MMC 15.710(4) and (5)(cc), and shall be further subject to the following requirements:
(a) Setbacks. A wind tower for a small wind system shall be set back a distance no less than 125 percent its maximum height from: (1) any public right-of-way (unless written authorization is granted by the Common Council to deviate from this requirement); (2) any overhead utility lines, unless written authorization is granted by the applicable utility(ies) to deviate from this requirement; and (3) the exterior boundary of all lots of record under the same ownership, unless written authorization is granted by the affected land owner(s) to deviate from this requirement; and (4) any other tower or structure.
(b) Separation. Irrespective of City jurisdictional boundaries, a wind tower’s separation distance from any property line, and other existing towers of any type or kind, or approved but unbuilt towers shall be measured from the center of the tower base to the closest point of the property line. The separation distance between towers shall be measured by drawing a straight line between the center of the tower base of an existing tower, or an approved but unbuilt tower, and the center of the tower base of the proposed new tower, pursuant to a site plan for the proposed tower.
1. Inhabited Structures. Each wind turbine shall be set back from the nearest residence, school, hospital, church or public library a distance no less than 1,000 feet.
(c) Access. All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access. The tower shall be designed and installed so as to not provide stop bolts or a ladder readily accessible to the public for a minimum height of 15 feet above the ground. Ingress and egress to the tower shall be identified on a tower development plan.
(d) Electrical Wires. All electrical wiring, controls and power lines associated with a small wind energy system, other than wires brought together for connection to the transmission or distribution network, shall be either wireless or not above ground.
(e) Lighting. A wind tower and generator shall not be artificially lighted except to the extent required by the Federal Aviation Administration or other applicable authority.
(f) Appearance, Color and Finish. The wind generator and tower shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless a deviation from this requirement is so authorized in the conditional use permit approved by the Common Council.
(g) Signs. All signs, other than the manufacturer’s or installed identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system visible from any public right-of-way shall be prohibited.
(h) Code Compliance. A small wind energy system including tower shall comply with all applicable State building and electrical codes, and the National Electrical Code and State Electrical Code.
(i) Utility Notification and Interconnection. Small wind energy systems that connect to the electric utility shall comply with the Public Service Commission of Wisconsin Rule 119, “Rules for Interconnecting Distributed Generation Facilities.”
(j) MET Towers. MET towers shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a small wind energy system.
(k) Principal or Accessory Use. A small wind energy system may be considered either a principal or accessory use. A different existing use or an existing structure on the same lot of record shall not preclude the installation of a small wind energy system or a part of such facility on such lot. Small wind energy systems that are constructed and installed in accordance with this section shall not be deemed to constitute the expansion of a nonconforming use or structure.
(l) Height Exemption. The height of a small wind energy system are exempt from the maximum height restriction of the underlying zoning district in which they are located, and the City’s airport height and use limitation zoning ordinance under MMC 15.470, unless otherwise restricted by Federal or State law, or as noted under this section.
(m) Minimum Ground Clearance. The blade tip of any wind turbine shall, at its lowest point, have ground clearance of no less than 75 feet.
(n) Relationship to the Larger Site. At small wind energy system sites, the design of the buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the small wind energy system to the natural setting and the existing environment.
(o) Noise and Traffic. Equipment at a small wind energy system site shall be automated to the greatest extent possible to reduce noise, traffic and congestion. All facilities shall be constructed and operated in such a manner as to minimize the amount of disruption to nearby residents and businesses. Outdoor noise produced during construction or maintenance activities shall only take place on Monday through Saturday, nonholidays, between 7:00 a.m. and 10:00 p.m. unless allowed at other times by the Director of Building Inspection, or unless an emergency situation exists. Interference conditions under MMC 15.710(5)(g) shall always constitute an emergency situation. Backup generators shall only be operated during power outages and for testing and maintenance purposes.
(p) Interference with Public Safety and Telecommunication. No existing or proposed small wind energy system facilities shall produce interfering signals which interfere with signals from any pre-existing public utility or public safety operation, the Manitowoc County Airport, or other City or private telecommunications operations. Before the introduction of a new service or changes in existing small wind energy facilities or services, a small wind energy system owner shall notify the Director of Building Inspection at least 30 consecutive calendar days in advance of such changes, and allow the Director of Building Inspection to monitor interference levels. The cost for retuning transmitters and resolving such interference shall be borne by the new installation owner. With the exception of testing approved by the Director of Building Inspection, all operation shall cease at a small wind energy system causing interference until a suitable resolution is found and implemented. The new installation owner or interfering party shall be responsible for all costs associated with any equipment rental or purchases, or tests deemed necessary by the Director of Building Inspection to resolve any and all interference problems. If such interference has not been corrected within 10 consecutive calendar days of the date the Director of Building Inspection notifies the new installation owner or interfering party of an interference problem, the Director of Building Inspection may require the new installation owner or interfering party to remove the specific items from the small wind energy system facilities causing such interference.
(q) Safety. All small wind energy systems shall be protected to discourage public access onto the small wind energy system site. Wind turbine towers shall not be climbable up to 15 feet above ground level. All access doors to wind turbine towers and electrical equipment shall be lockable. The small wind energy system owner shall be expressly responsible to maintain all security and safety elements at the small wind energy site in good working condition.
(r) Warning Signs. All small wind energy system sites shall include warning signs designed to discourage public access into the site. The small wind energy system owner shall be expressly responsible to maintain all signage at the small wind energy site, so that such signage is to be clearly visible and not obstructed from public view. All sites shall post an emergency 24-hour phone number.
(s) Design/Structural Integrity. All small wind energy system facilities shall be designed and situated to be visually unobtrusive and to minimize the impacts of noise, radio frequency, electrical emission, glare, heat, air contaminants and vibration upon surrounding land uses.
The City reserves the right to require small wind energy system owners to design their facilities to blend into the surrounding environment through the use of color, camouflage and architectural treatments, except in instances where the design (or specific design details such as lighting) of a telecommunication tower is dictated by Federal, State or local regulations and standards. Unless otherwise required by a Federal or State agency regulating the location of antennas and towers, or when requested by the City, towers shall be designed to match, as closely as possible, the color and texture of their surrounding built or natural environment.
Small wind energy system facilities shall be constructed out of metal or other nonflammable material, and shall be treated with corrosive resistant material.
With the exception of necessary electric and telephone services, no part of any utility or telecommunication facilities including any lines, cable, equipment, wires or braces, shall at any time extend across, upon, under or over any part of any public right-of-way, without the express written permission of the City Engineer.
All small wind energy system facilities shall be certified by a qualified and licensed professional engineer to be designed in conformance with the latest structural and wind loading standards for the industry, and to conform to all Federal, State and local requirements.
(t) Outdoor Storage. At all small wind energy system sites, the storage of any machinery, equipment, materials or other mechanical devices outside of an enclosed building is prohibited.
(u) Accessory Structures. At a small wind energy system site, all support buildings for storage, equipment enclosures and the like shall be:
1. Treated as accessory uses or structures;
2. Required to be brick, decorative masonry or split face block exterior; and
3. Designed to be architecturally compatible and consistent with surrounding buildings and structures, and shall meet the minimum setback requirements of the underlying zoning district.
(v) Inspection Report (Three-Year Intervals). An inspection report shall be prepared by a qualified engineer, independent of the small wind energy system owner, and at the owner’s sole expense, at least every three years from the date (hereinafter referred to in this subsection as “the date”) a certificate of occupancy is issued by the Director of Building Inspection. The inspection report shall be submitted to the Director of Building Inspection within three years plus 90 calendar days of the date for review and approval to ensure the continuing structural and electrical integrity of the tower and accessory structures.
If the inspection report recommends that repairs and maintenance are required, then the owner shall be notified by the Director of Building Inspection within 30 consecutive calendar days after receipt of said report. The owner shall submit to the Director of Building Inspection written evidence to verify that such repairs and maintenance have been completed. The owner shall have 90 consecutive calendar days from the date the Director of Building Inspection issues a notice to complete the required improvements.
The Director of Building Inspection may require an owner to repair or remove any small wind energy system improvements, both above and below grade, and restore the site to its original preconstruction condition, except for ordinary wear and tear, based on the findings of the inspection report. The City shall have no financial responsibility or liability regarding the required inspection report, or any required repair, testing or maintenance. All repair, testing or maintenance activities at telecommunication facilities shall be performed by licensed and insured maintenance and construction personnel.
The owner is responsible to provide all inspection reports in a timely manner to the Director of Building Inspection. Failure of the City to provide any notice in advance of any required reporting deadline shall not void or invalidate the owner’s reporting responsibilities outlined in this section.
(w) Inspection and Certification. All small wind energy system sites may be inspected at least once each year by the Director of Building Inspection to determine compliance with this section. Deviation from original construction standards or noncompliance with any requirements for which a City permit has been obtained shall constitute a violation under this section.
The Director of Building Inspection shall have authority to enter and inspect all improvements at a site, for the purpose of determining whether a site and improvements comply with all City regulations, and all other applicable Federal and State regulations and requirements. The City reserves the right to conduct such inspections at any time, upon reasonable notice to the owner.
Notice of any violations shall be sent by the Director of Building Inspection to the owner, who will have 60 consecutive calendar days from the date the notification is issued to make repairs. The owner will notify the Director of Building Inspection that the repairs have been made, and shall submit documentation, satisfactory to the City, that the repairs have been completed in accordance with all Federal, State and local regulations and requirements. The owner shall have not more than 60 consecutive calendar days from the date of issuance of said notice to complete the repairs.
(x) License Fee. Exclusive of any fees or payments required under any conditional use or other municipal proceeding, a small wind energy system owner is required to pay to the Director of Building Inspection a one-time installation/inspection and management fee, as established by resolution of the Common Council, representing payment for the City’s time and expense to approve an owner’s initial installation, as well as to periodically inspect a site to ensure that all installation standards at the site have been complied with by the owner. For wind towers, the fee is to be calculated by multiplying an established fee rate by the height of the tower. Said fees shall be collected by the Director of Building Inspection, and shall be due and payable concurrent with the issuance of a building permit for a wind tower. Failure to make this payment shall be deemed a violation of this section.
(5) Permit Requirements.
(a) Building Permit. A building permit, issued by the Director of Building Inspection, shall be required for the installation of a small wind energy system.
(b) Documents. The building permit application shall be accompanied by a plot plan which includes: (1) property lines and physical dimensions of the property; (2) location, dimensions, and types of existing major structures on the property; (3) location of the proposed wind tower system; (4) identification of all existing and Official Map rights-of-way contiguous to the property; (5) any overhead utility lines; (6) wind system specifications, including manufacturer and model, rotor diameter, tower height, tower type, and other information as required by the Director of Building Inspection; (7) tower foundation blueprints or drawings; (8) tower blueprints or drawings; (9) certified break-apart calculations, or an explanation of the expected mode of collapse, from a qualified engineer in order for the property boundary or zoning setbacks to be determined.
(c) Fees. The application for a building permit for a small wind energy system must be accompanied by the fee required for the building permit.
(d) Expiration. A permit issued pursuant to the section shall expire if: (1) the small wind energy system is not installed and functioning within 24 months from the date the permit is issued; or (2) the small wind energy system is out of service or otherwise unused for a continuous 12-month period.
(6) Removal of Facilities upon Discontinuation, Abandonment or Termination.
(a) In the event that the use of a small wind energy system facility is discontinued, abandoned or terminated at a site, or a conditional use permit revoked or terminated by the City under MMC 15.370(27)(f), or any termination or expiration not specifically referenced in this section, the small wind energy system owner shall provide written notice to the Director of Building Inspection of its intent to discontinue, abandon or terminate a tower or antenna. In addition, an owner shall provide the Director of Building Inspection with a copy of any notice required to be provided to the FCC or FAA detailing the intent to cease operations at a site, and the date when the use shall be discontinued, abandoned or terminated. An owner shall have 60 consecutive calendar days after discontinuation, abandonment or termination of operations at a site within which to dismantle and remove all small wind energy system facilities from a site including all structures and site improvements, both above and below grade, and restore a site to its original preconstruction condition, except for ordinary wear and tear.
(b) In the event an owner fails to remove the small wind energy system facilities and restore a site within the 60-calendar-day period, the City may remove or cause the removal of the facilities and site improvements, both above and below grade, and restore a site to its original preconstruction condition, except for ordinary wear and tear. After removal of the facilities and restoration of a site, the City may place an assessment against the property to recover all direct and indirect costs incurred in dismantling, disposal and restoration of a site, including court costs and reasonable attorney fees, or may use any other legal remedy available by law to recover its costs.
(7) Conditional Use Permit Procedure.
(a) A conditional use permit in accordance with the procedures outlined in MMC 15.370(27) shall be required for the following activities: (1) constructing, erecting or increasing the height of an existing or proposed small wind energy system; (2) increasing the number of small wind energy system turbines; or (3) increasing the area of a small wind energy system.
All small wind energy system facilities shall meet or exceed and, at all times, remain in full compliance with applicable Federal, State and local regulations and standards. Upon the City’s receipt of an application under this section, the City Clerk shall notify the Manitowoc County Clerk, the Manitowoc County Airport Advisory Committee, the Manitowoc County Airport, and Manitowoc Public Utilities of receipt of the application, and provide a copy of said application to each party upon request.
The City shall not be required to take any action regarding a conditional use permit until after submittal of a complete application, consisting of any information detailed herein, plus any additional information requirements that may be requested by the City. The small wind energy system owner will not be authorized to proceed with the installation of any facilities until after a conditional use permit has been approved and issued by the Common Council in accordance with MMC 15.370(27).
(b) In addition to criteria contained in MMC 15.370(27), the Plan Commission and Common Council shall consider the following factors in determining whether or not to issue a conditional use permit:
1. A written recommendation from the Manitowoc County Airport Advisory Committee or the Manitowoc County Airport regarding the effect of the height of the proposed small wind energy system on the safety of aircraft within three miles of the Manitowoc County Airport landing approaches. The Airport Advisory Committee shall have 30 consecutive calendar days, from the date a notice is provided by the City Clerk, to file a written recommendation with the City Plan Commission. In the event no written recommendation is filed within the 30-day period, the City shall interpret that the Airport Advisory Committee does not oppose the proposed tower;
2. Surrounding topography, tree coverage and foliage;
3. Design of the small wind energy system, with particular reference to safety of the system as certified by a professional engineer licensed to design such facilities, and associated characteristics;
4. Proposed ingress and egress to the small wind energy system site; and
5. Any other factors which may have a major impact on the small wind energy system site or surrounding properties.
The Common Council may waive or reduce the burden on the small wind energy system owner of one or more requirements of the conditional use permit, if the Common Council concludes that the intent of this section is better served thereby.
The Common Council reserves the right to amend, modify or revoke a previously approved conditional use permit, in order to serve or protect the public health and safety.
(8) Conditional Use Permit Application Requirements. A written request by an owner for the issuance of a conditional use permit by the Common Council shall be prepared by an owner and submitted to the Common Council for referral to and consideration by the City Plan Commission. The City shall in no way be obligated to consider an application under this section until all information outlined hereunder has been provided to the sole satisfaction of the City. The application shall include, at minimum, the following information:
(a) The legal name, mailing address, fax and telephone numbers of the small wind energy facilities owner and property owner (if not the same party as the owner of the small wind energy system facilities). If the facilities owner is not the property owner, the written request and signature of the property owner of record for a conditional use permit shall be included in the application.
(b) Submittal of a site plan for the proposed facilities in accordance with MMC 15.370(2), and including:
1. Drawings which detail the small wind energy system facilities, the installation of any required lighting systems, as required by Federal, State or local regulation; and
2. Drawings which detail equipment plans, cabinetry, shelters, structural, electrical and grading elements at the site.
(c) Visual analysis, which may include a photo montage, a graphic rendering or bird’s eye perspective, or other techniques to identify potential visual impacts of the proposed facility.
(d) Intermodulation study, radio frequency (RF) engineering study, or a noninterference letter from an RF engineer, or equivalent documentation, which provides a technical evaluation of existing and proposed transmissions from other antennas or from nearby radio transmitting facilities, and includes a list of frequencies in use and to be used at a site, and indicates all potential interference problems.
(e) Aeronautical study and obstruction evaluation report(s), conducted in accordance with Federal Aviation Regulations (FAR) and FCC rules and regulations, including an FAA determination from a qualified and licensed professional engineer that the construction, height and placement of a small wind energy system facility will not interfere with operations at the Manitowoc County Airport, public safety communications, and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and nonresidential properties.
(f) A report from a qualified and licensed professional engineer which details a wind tower’s height and design including cross-sections and elevations; the height above grade for all potential; break apart or fall radius calculations; engineer’s stamp and registration number; and other information necessary to evaluate the request.
(g) A report from a qualified and licensed professional and with the aforementioned structural and electrical standards.
(h) The City may require an owner to supplement any information that the City considers inadequate, or that an owner has failed to supply. The City may deny an application under this section on the basis that the owner has not satisfactorily supplied the information required in this section. An application shall be reviewed by the City in a prompt manner, and all decisions by the Common Council shall be supported in writing setting forth approvals with any supplementary compliance requirements; and denials, with the reasons for denial. All costs associated with the preparation, duplication and delivery of technical reports and plans referenced in this section are the sole responsibility of the owner.
(9) Building Permit Procedure.
(a) The Director of Building Inspection shall issue a building permit after the owner of the small wind energy system has obtained a conditional use permit under this section, and has paid all applicable fees, including fees under this section.
A building permit is not required for replacing or strengthening bracing, anchor and support members, reinforcing vertical members, or any adjustment or replacement of elements affixed to a tower; provided, that these activities do not reduce the safety factor.
(10) Site Plan Requirements. A small wind energy system owner shall be required to comply with all site plan requirements under MMC 15.370(2).
(11) Violations and Penalties. It is unlawful for any person to construct, install, maintain, modify, or operate a small wind energy system, MET tower, or wind farm system that is not in compliance with this section or with any condition contained in a conditional use permit issued pursuant to this section.
Violation of any provision of this chapter, including failure to comply with any regulatory measures or conditions of the Plan Commission, Board of Appeals, or other governmental body or official exercising authority under this chapter, shall be subject to a forfeiture not to exceed $500.00 for each offense. Each day such violation continues shall be deemed a separate offense.
(12) Severability. If any clause, subsection, term or provision or other part of this section shall be held invalid or unconstitutional under any Federal or State law or any court of competent jurisdiction, the remainder of this section shall not be affected thereby, and each remaining clause, subsection, term or provision shall remain in full force and effect, and valid and enforceable to the fullest extent permitted by law.
(13) Relationship to Other Ordinances. This section does not abrogate, annul, impair, interfere with, or repeal any existing ordinance. If any term, condition or requirement under this section conflicts with the provisions of any agreement, contract, lease, license or other document, the terms, conditions and requirements under this section shall control unless determined otherwise by the City.
(14) Insurance. At all small wind energy system sites, the owner of the small wind energy system shall provide the City with proof of insurance for worker’s compensation insurance (at statutory limits), comprehensive general liability and property damage insurance, and all risk property insurance insuring the small wind energy system facilities for their full replacement costs which protects against losses due to personal injury and property damage resulting from the construction, operation or collapse of small wind energy system facilities. Such insurance coverages shall be continually maintained in effect during a small wind energy system owner’s occupancy at a site. The owner shall be responsible to instruct its insurance carrier to provide the Director of Building Inspection with certificates of all such insurance, including the delivery of timely notices regarding policy renewals, and changes in insurance carrier or coverage levels, while telecommunication facilities remain operational at a tower site.
[Ord. 11-430 § 37, 2011; Ord. 08-490 § 29, 2008. Prior code § 15.77]