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ORDINANCE NO. 1 MORATORIUM 2009/2010
AN INTERIM ZONING ORDINANCE CREATING ARTICLE VII, SECTION 30, OF THE
TOWN OF
A TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING
PERMITS AND ZONING/LAND USE CHANGES
WHEREAS, the Town of
WHEREAS, the Town Board hereby determines that it is necessary to enact an interim zoning ordinance establishing a temporary moratorium on the issuance of building permits, zoning amendments, conditional use permits, and land use changes to allow the Town to update its Zoning Code while preserving existing structures and land uses; and
WHEREAS, the Town Board hereby further determines that the enactment of this moratorium is a necessary use of the Town’s police powers and zoning authority as authorized by
NOW, THEREFORE, the Town Board of the Town of
Section 1. Creating Code. Article VII, Section 30 of the Town of
“Section 30 Moratorium on Issuance of Building Permits, Zoning Amendments, Conditional Use Permits, and Land Use Changes for Unclassified Lands and Nonconforming Uses
(1) Moratorium
A moratorium on the issuance of building permits, zoning amendments, conditional use permits, and land use changes for unclassified lands and nonconforming uses by the Zoning Administrator within the Town of Carlton is enacted and shall apply to all applications, renewal applications, and requests for development, construction, enlargement, alteration, relocation and demolition of any building or structure or land use change that has not been submitted to the Zoning Administrator, Board of Appeals, Town Board, or Town Clerk on or before the date of the enactment of this Ordinance, unless a waiver is granted as hereafter provided.
(2) Waiver
Any landowner otherwise precluded from obtaining a building permit, zoning permit, conditional use permit or land use change for developing, repairing, or using his or her land because of the prohibitions of this section may seek a waiver from the provisions of the moratorium. A landowner seeking a waiver shall file a letter petition with the Town Board. The letter petition shall include the names of the petitioners, owners, description of the subject property, the relief sought, and the reason for seeking relief. The Town Board may grant relief or a waiver upon such conditions as it deems necessary. If the waiver is granted, the landowner must comply with other all Town ordinances and requirements. Petitioners dissatisfied with the decision of the Town Board may appeal in accordance with Wis. Stat., Ch. 68.
(3) Violations and Penalties
Any person who violates, disobeys, neglects, omits, or refuses to comply with, or who resists the enforcement of, any of the provisions of this chapter shall, upon conviction, remove the structure or part thereof or discontinue the use which violates the terms of this chapter, and restore the affected property to its original condition prior to the violation to the fullest extent possible as determined by the Town within ninety (90) days of such conviction.
Upon failure to do so, the Town may order such removal and restoration. Such removal and restoration may be performed by the Town, an agent, or by outside contract, and the cost thereof shall be billed to the owner and be paid within thirty (30) days, and if not paid, shall become a delinquent special charge under the provisions of Wis. Stat. § 66.0627 and shall become a lien on the property, collectible as are other taxes.
Such person also shall, upon conviction, forfeit to the Town of
Every violation of this ordinance is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at the suit of the Town of
(4) Termination
The moratorium shall remain in effect for not longer than twenty-four (24) months from the date of enactment, unless earlier rescinded by the Town Board.”
Section 2. Severability. Should any portion of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder shall not be affected.
Section 3. Effective Date. This Ordinance shall take effect upon enactment and posting, as required by law.
Enacted this 11 day of August, 2009.
TOWN BOARD
David Hardtke, Chairman
Steve Tadisch, Supervisor #1
Ken Paplham, Supervisor #2
CERTIFICATE OF ENACTMENT
I hereby certify that the foregoing Ordinance was duly enacted by the Town Board of the Town of
Town Clerk,
AN ORDINANCE AMENDING THE TOWN OF CARLTON ZONING ORDINANCE,
KEWAUNEE COUNTY, W ISCONSIN
The Town Board of the Town of Carlton, Kewaunee County, Wisconsin creates a Wind Energy Conversion
System Ordinance as follows:
1. General Provisions:
1.1 Title:
These regulations shall officially be known, cited and referred to as the Wind Energy Conversion System
(WECS) Ordinance of the Town of Carlton, Kewaunee County, Wisconsin, and hereinafter will be
referred to as “The Ordinance.”
1.2 Purposes:
1.2.1 State Regulatory History: Pursuant to Wisconsin Act 204, (enacted in 1998) state regulation and
oversight (by the PSCW and DNR) of “small” electrical generating facilities less than 100 MW was
virtually eliminated. As a direct result, the responsibility for review and approval of these facilities
was shifted from Wisconsin state agencies to local units of government.
1.2.2 Local Regulatory History: Town of Carlton ordinances did not address wind energy conversion
systems prior to this ordinance and therefore lacked the appropriate standards to ensure public
health and safety.
1.2.3 Local Authority: W isconsin state statutes preserve local authority regarding zoning related to wind
energy conversion systems and allow for reasonable restrictions.
1.2.4 Minimize Conflict Between Incompatible Land Uses: It is in the public interest to ensure that
conflict between incompatible land uses is minimized by limiting wind energy conversion system
development in the vicinity of existing or planned residential or development and certain sensitive
or high value environmental areas.
1.2.5 Public Health, Safety, and W elfare: Government officials have a duty to protect the public health,
safety and welfare of its citizens and their environment and enact appropriate ordinances as they
relate to the public health and safety issues associated with wind energy conversion systems. The
quality and integrity of the environment are paramount to good health and impact many factors
related to the safety of watersheds and water quality.
1.2.6 Decommissioning: W ind energy conversion systems are expected to have a useful life of 20 or
more years. Decommissioning and removal of wind energy conversion systems and restoring the
site at some point years into the future has proven to be very expensive, therefore it is in the public
interest that the developer provide financial security to insure the removal of these facilities at
some point in the future.
1.3 Ordinance: THEREFORE BE IT ORDAINED, that it is the intent of the Town of Carlton Town Board, in
adopting this ordinance, to permit the use of proven wind energy conversion systems for energy
production, and to promote safeguards ensuring the maintenance of the health and safety of the citizens
of the Town of Carlton. Furthermore, it is the intent of the Town of Carlton Town Board that site-specific
application of this Ordinance shall occur only in a manner that provides a harmonious balance between
the suitability of a project site with existing land use and physical surroundings.
1.4 Authority: The Zoning Committee of the Town of Carlton, is vested with the authority to review and
recommend approval, conditional approval, and rejection of applications for wind energy conversion
systems, including preliminary and final plans.
1.5 Jurisdiction: This ordinance applies to all WECSs, as defined in table 1-1 and Section 2, proposed after
_______, 2008, to be developed within the boundaries of the Town of Carlton, Kewaunee County,
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Wisconsin. Furthermore, no WECS shall be constructed without obtaining the approval of the Town of
Carlton Zoning Administrator, the Town of Carlton Town Board, and duly issued permit(s).
Table 1-1
Wind driven machine on
a tower or other support
that produces electricity.
• Greater than 100 kw or
• Over 170 ft. total height or
• Produces power for commercial
resale.
Subject to WECSO
• 100 kw or less and
• Less than 170 ft. total height and
• Produces power for personal use.
• Requires a conditional use permit
• Section 5.19 also applies.
Wind driven machine
that does not produce
electricity
Total height of 50 ft. or less. • Not subject to WECSO
• Land Use Permit required
A meteorological or wind test tower. • Requires conditional use permit
• WECSO sections 3.1.4, 5.1.2
and 5.17 apply.
1.6 Enactment: In order that all WECUs be constructed in accordance with the purposes and policies, these
regulations are hereby adopted and made effective as of ___________, 2008. All applications submitted
after this date shall be reviewed pursuant to these regulations.
1.7 Interpretation, Conflict and Separability:
1.7.1 Interpretation: In interpreting these regulations and their application, the provisions of these
regulations shall be held to be the requirements for the protection of public health and safety.
These regulations shall be construed broadly to promote the purposes for which they are adopted.
1.7.2 Conflict: These regulations are not intended to interfere with, abrogate, or annul any other
ordinance, rule or regulation, statute, or other provision of law except as provided in these
regulations. Any other provision of these regulations that imposes restrictions different from any
other ordinance, rule or regulation, statute, or other provision of law, the provision that is more
restrictive or imposes higher standards shall control.
1.7.3 Separability: If any part, provision, or appendices of these regulations or the application of these
regulations to any developer or circumstances is adjudged invalid by any court of competent
jurisdiction, the judgment shall be confined in its operation to the part, provision or application
directly involved in the controversy in which the judgment shall be rendered and shall not affect or
impair the validity of the remainder of these regulations or the application of them to other
developers or circumstances. The Town of Carlton Town Board hereby declares that it would have
enacted the remainder of these regulations even without any such part, provision or application,
which is adjudged to be invalid.
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1.8 Amendments: For the purpose of protecting the public health and safety, the Town of Carlton Zoning
Administrator may from time to time recommend amendments to these regulations which shall be
approved, approved with modifications or disapproved by the Town of Carlton Town Board at a public
meeting following public notice. As technology advances, some or all of these regulations may become
obsolete. Therefore, periodic review and revision of these regulations will be necessary.
1.9 Public Purpose: Regulation of the siting of WECSs is an exercise of valid police power delegated by the
state of Wisconsin. The developer has the duty to comply with reasonable conditions set forth by the
Town of Carlton Zoning Administrator, Town of Carlton Zoning Board of Appeals and / or Town of
Carlton Town Board.
1.10 Enforcement, Violations and Penalties:
1.10.1 Enforcement authority shall be the responsibility of the Town of Carlton Zoning
Administrator or her/his designees. See Appendix B.
1.10.2 Violations. It shall be unlawful to construct, install, reconstruct, substantially repair,
improve, extend, enlarge, relocate, or convert any wind energy conversion unit (WECU) in
violation of the provisions of this Ordinance. It shall also be unlawful to fail to obtain wind
access permits as required by this ordinance.
1.10.3 There shall be penalties for any person, owner/operator, landowner, firm, association,
corporation or representative agent who fails to comply with the provisions of this
Ordinance or orders from the Town of Carlton Zoning Administrator. Upon written
notification from the Town of Carlton Zoning Administrator, the initial penalty may be to
cease operation of the applicable WECU(s) and/or a fine of not less than $1,000 per
occurrence for the first day. This penalty shall be doubled from that of the previous day for
each day of continued violation. The Town of Carlton shall also be entitled to other relief
including a temporary or permanent injunction, costs and reasonable attorney fees.
1.10.4 Excessive or continued violations of this ordinance may result in the revocation of the
WECS CUP under Section 3.4 of this ordinance.
2. Definitions:
Ampacity: The current carrying capacity of conductors or equipment expressed in Amperes.
Ampere: The basic unit measuring the quantity of electricity.
Anemometer: A device for measuring the speed and direction of the wind.
Applicant: The person, firm, corporation, company, limited liability corporation or other entity which applies for
approval under this ordinance, as well as the applicant’s successor(s), assign(s) and/or transferee(s) as to any
approved WECS or testing facility. An applicant must have the legal authority to represent and bind the
landowner or lessee who will construct, own, and operate the WECS or testing facility. The duties and
obligations regarding a zoning approval for any approved WECS or testing facility shall be with the owner of
the WECS or testing facility, and jointly and severally with the owner and operator or lessee of the WECS or
testing facility. Also known as owner or operator.
Aerodynamic Noise: A noise that is caused by the flow of air over and past the blades of a WECU.
Ambient Noise: Intermittent noise events such as from aircraft flying over, dogs barking , mobile farm or
construction machinery, and the occasional vehicle traveling along a nearby road are all part of the ambient
noise environment but would not be considered part of the background noise unless they were present for at
least 90% of the time.
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Background Noise: Sounds that would normally be present at least 90% of the time. The lull in the ambient
noise environment.
Blade Glint: The intermittent reflection of the sun off the surface of the blades of a single or multiple WECUs.
Broadband Noise: The “swishing” or “whooshing” sound emitted as a function of a WECU(s) operation.
CUP: Conditional Use Permit
Electrical Pollution: A general term used to describe all electrical issues associated with the WECS.
Examples are objectionable currents and electromagnetic radiation. The term stray voltage is only one form of
electrical pollution.
High Voltage Electrical Termination: Connecting of conductors to a device or system where the voltage
exceeds 600 volts.
Inoperable: A WECU shall be determined inoperable if it has not generated power within the preceding two
calendar quarters equal to at least 60% of the expected production.
Ice Throw: Accumulated frozen moisture or ice buildup on the rotor and/or blades of a WECU that is or can be
thrown during normal spinning or rotation.
Impermissible Interference: The blockage of wind from a wind energy conversion unit or system for which a
permit has been granted under this ordinance during a use period if such blockage is by any structure or
vegetation on property, an owner of which was notified in advance by certified mail or delivered by hand of any
property which the applicant proposed to be restricted by the permit. Impermissible interference does not
include: 1) Blockage by a narrow protrusion, including but not limited to a pole or wire, which does not
substantially block the wind from a wind energy conversion unit or system. 2) Blockage by any structure
constructed, under construction or for which a building permit has been applied for before the date the last
notice was mailed or delivered. 3) Blockage by any vegetation planted before the date the last notice was
mailed or delivered.
Impulsive Noise: Short acoustical impulses or thumping sounds, which vary in amplitude and are caused by
the interaction of wind turbine blades with distributed air flow around the tower of downwind WECU’s.
Livestock Facility: A confinement area designed specifically for raising, controlling, feeding, and providing
care for livestock. This may include but is not limited to: dairy barns, pastures, feedlots, freestall barns, calf
hutches, horse barns, veal barns, feed storage areas, brooder and laying barns, farrowing and finishing barns,
veterinary care.
Low Frequency Noise: An ongoing debilitation sound emitted during periods of turbulence as the blades are
buffeted by changing winds that can cause structural vibration.
Measurement Point (MP): Location where sound and/or vibration measurements are taken such that no
significant obstruction blocks sound and vibration from the site.
Mechanical Noise: Sound produced as a byproduct of the operation of the mechanical components of a
WECU(s). Also known as “tonal noise”. Tonal noises are distinct and tend to be more noticeable at the same
relative loudness of other types of noises.
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Meteorological Tower: Used for the measurement of wind speed and direction, also known as a MET tower or
wind test tower.
Nacelle: The enclosure located at the top of a WECU tower that houses the gearbox, generator and other
equipment.
Noise: Any unwanted sound.
Ownership Property Line: A continuous line surrounding all contiguous adjacent parcels of property owned by
a single individual, company, corporation, partnership or other legal entity.
Project Area: All of the properties within the project boundary and within a one-mile radius beyond the project
boundary of a proposed or approved WECS project.
Project Boundary: A continuous line, which encompasses all WECU’s and related equipment to be used in
association with a WECS project.
Property Line: The recognized and mapped property parcel boundary line.
Related Equipment: Transformers, tower, electrical conductors, termination points, switches, fences,
substations, and any other equipment necessary to operate a WECS.
Sensitive receptor: Places that are likely to be more sensitive to the exposure of the noise or vibration
generated by WESC(s). This includes but is not limited to; schools, day-care centers, hospitals, parks,
residences, residential neighborhoods, places of worship, and elderly care facilities.
Setback: The minimum allowable horizontal distance from a given point or line of reference, such as a
thoroughfare right-of way, water line, or prospective line to the nearest vertical wall or other element of building
or structure.
Setback Area: The land base that falls within a specified setback.
Shadow Flicker: The effect when the blades of an operating wind energy conversion unit pass between the
sun and an observer, casting a readily observable, moving shadow on the observer and his/her immediate
environment.
Shadow Flicker and Blade Glint Zone: The land area that falls within the setback for shadow flicker or blade
glint.
Small Wind Turbine (SWT): A wind driven machine with an output rating of 100 Kilowatts (kW) or less, with a
total height of 170 feet or less that converts wind energy into electrical power for the primary purpose of
“personal use” by the owner on the site of the property. The SWT includes the tower, turbine, footings, and all
associated equipment.
Structures: Residences, livestock facilities, communications towers, commercial businesses, and all sensitive
receptors.
Total Height: The distance between the ground at normal grade and the highest point of the installed WECU
(being the tip of the blade when the blade is in the full vertical position).
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Turbine: A wind driven machine that converts wind energy into electrical power, also known as a wind energy
conversion unit.
Wetland: An area of land, which regularly persists in a wet state, or as, otherwise defined by the WDNR.
Wind Energy Conversion Unit (WECU): A wind driven machine with an output rating greater than 100
Kilowatts (kW) or with a total height of greater than 170 feet that converts wind energy into electrical power, or
any wind driven machine of any output or height that converts wind energy into electrical power for the primary
purpose of sale, resale, or off-site use. The WECU includes the tower, turbine, footings, and all equipment
associated with individual units including the land area beneath encompassing the equivalent area of the
circumference of the rotors.
Wind Energy Conversion System (WECS): All WECUs, related transformers, electrical conductors
substations, and connection points to transmission or distribution lines.
Windmill: A wind-driven machine that does not produce electricity.
Wind test tower: The tower on which meteorological equipment is located to measure wind speed, direction,
strength, etc., for the purpose of evaluating a potential for WECS siting.
3. Procedure and Application: A public hearing is required in order to obtain a conditional use permit (CUP) for
each wind test tower. A CUP is required for a WECS. A public hearing is required for preliminary approval of a
WECS and a second public hearing for final approval of a WECS.
3.1 Procedure:
3.1.1 Preliminary consultation. Applicant must meet with the Town of Carlton Zoning Administrator to
verify application materials and procedures.
3.1.2 Applicant shall submit proof of sufficient liability insurance and all other insurances necessary so
as to indemnify or otherwise hold the applicable governmental authorities harmless to any and all
claims.
3.1.3 At least one public informational meeting held in consultation with any and all affected local
municipalities.
3.1.4 A conditional use permit is required for installing a meteorological or wind test tower.
3.145.1 Conditions may include but are not limited to setbacks, height limitations, and limited
term use; funds in escrow for potential damage to roads, installation and removal of the
tower and legal, consulting, and committee fees.
3.1.5 Notice of hearing for preliminary approval of the WECS project shall be given by first class mail to
owners of real property located within the project boundary and a two mile radius beyond the
project boundary, as such owners are reflected on the last tax assessment roll and any update.
3.1.6 A public hearing shall be held on an application for a WECS CUP in accordance with the
provisions of this ordinance and all of the procedural requirements and rights of appeal set forth
herein shall apply. A hearing shall be held first with the Town of Carlton Zoning Administrator.
3.2 Application: Every application for a WECS and/or wind test tower shall be made in writing to the Town of
Carlton Zoning Administrator on forms provided by the Administrator and shall be accompanied by the
filing fee set forth by the Town of Carlton Town Board. The CUP application shall include the following
information:
3.2.1 Applicant: WECS owner/operator name and address.
3.2.2 Property Owner(s): Name and address of owners for all properties on which a WECU will be
located.
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3.2.3 Proof of Permission: Evidence that the applicant is the owner of the property involved or has the
written permission of the owner(s) to make such an application.
3.2.4 Affected Property Owners: Name and address of property owners within WECS setback areas.
Considering that development rights of adjacent property owners may be forfeited due to these
setbacks as per this ordinance, a written agreement for non-development within the specified
setback must be obtained and recorded on the affected properties’ deeds. Copies of the
agreements must be submitted with the application.
3.2.5 Impermissible Interference Notification; The applicant shall deliver by certified mail or by hand a
notice to the owner of any property, which the applicant proposes to be restricted by the permit.
The applicant shall submit to the Town of Carlton Zoning Administrator a copy of a signed receipt
for every notice delivered in addition to the following information:
3.2.5.1 The name and address of the applicant, and the address of the land upon which the
WECU is or will be located.
3.2.5.2 That the applicant has filed an application.
3.2.5.3 That the permit, if granted, may affect the rights of the notified owner to develop his or her
property and to plant vegetation.
3.2.5.4 That any person may request a hearing within 30 days after receipt of the notice, and the
address and procedure for filing the request.
3.2.6 Wind Access Agreements: Evidence (a signed statement from the applicant) that the applicant has
negotiated with adjacent landowners and has obtained written agreements with all landowners who
could potentially interfere with the applicant’s access to the wind.
3.2.7 Application: A copy of the WECS plan must be sent to the Department of Natural Resources,
Federal Aviation Administration, and the Public Service Commission for review so that their
recommendations can be forwarded to the Town of Carlton Zoning Administrator. A written
statement must be provided to the Town of Carlton Zoning Administrator from each of the above,
with recommended restrictions, if any, and must include a telephone number of a contact person
for verification purposes.
3.2.8 Site Plans and Reports: Plat map drawings and development plans in sufficient detail to clearly
describe the following:
3.2.8.1 Physical dimensions of the proposed project area, existing properties, existing structures
and proposed facilities/structures.
3.2.8.2 Location of meteorological or wind testing towers.
3.2.8.3 Location of all wells active or abandoned within the project boundary and a one-mile
radius beyond the project boundary.
3.2.8.3.1Before any construction activities commence, testing of all wells shall be
completed to provide a baseline inventory of existing water quality conditions.
3.2.8.3.1.1 All property owners or occupants with wells within the project
boundary and a one-mile radius beyond the project boundary shall
be notified at least (60) sixty days in advance of planned
commencement of well testing and offered permission forms.
3.2.8.3.1.2 Applicant shall receive written permission from property owners prior
to sampling any wells. It shall be understood that when permission is
denied, all responsibility for water quality remains with the property
owner.
3.2.8.3.1.3 Tests shall be performed in accordance with all applicable laboratory
standards and protocols by a state-approved testing laboratory.
Testing shall include, but is not limited to, levels of arsenic, nitrates,
phosphorus, calcium, magnesium, iron, lead, atrazine, bacteria, total
dissolved solids and documentation of flow rates.
3.2.8.3.1.4 Test results shall be submitted to the Town of Carlton Zoning
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Administrator and the well owner.
3.2.8.4 Location of existing and proposed electrical lines and facilities. Denote underground and
overhead installation method on existing lines. (Note: all proposed electrical lines shall be
located underground.)
3.2.8.4.1Easement: Applicant must submit copies of signed letters of intent to grant
easements from all involved landowners and any governmental units responsible
for the affected rights-of-way.
3.2.8.5 Erosion Control Plan Required: The Plan shall comply with all state statutes, county and
local ordinances to minimize the potential adverse impacts on wetlands and Class I and II
streams and the banks and vegetation along those streams and wetlands and to minimize
erosion or sedimentation. The Plan should include but is not limited to the following
practices:
3.2.8.5.1Structures and access roads should use natural contours and avoid areas of
steep slopes where high cuts and fills are required. If fills are required, the fill
shall be compacted to at least 90% density, and finished grades shall not exceed
a gradient of 2:1. Cut slope shall not exceed a gradient of 1½:1.
3.2.8.5.2The smallest practical area of land should be exposed for the shortest practical
time during development. The amount of vegetation removed during construction
shall be the minimum necessary to operate equipment. Areas where vegetation
is removed during construction shall be replanted prior to project startup.
3.2.8.5.3Measures shall be used to prevent erosion until vegetation is re-established on
areas from which it is removed, such as seeding and sodding, stockpiling and
reuse of topsoil, temporary use of straw or fabric cover, aggregate cover,
diversions authorized by state permit, sediment basins and filters.
3.2.8.5.4No soils shall remain un-stabilized for more than sixty days.
3.2.8.6 Proposed plan for site restoration after construction.
3.2.8.7 Location of public and private airports and approaches.
3.2.8.8 All applicable setbacks from proposed WECUs.
3.2.8.9 Methods of electrical interconnection with detailed schematics.
3.2.8.10 Plan for ingress and egress to the proposed WECU site(s) identifying the following:
3.2.8.10.1 A description of the specific access route(s) to include:
3.2.8.10.1.1 All State, County and/or Town-maintained roads
3.2.8.10.1.2 A pre-construction inventory of road conditions paid for by
applicant. Identify road surface materials stating the type and
amount of surface cover, PASER ratings, and photographic or
video documentation, performed by a W isconsin certified
professional engineer mutually agreed upon by applicant and
municipality.
3.2.8.10.1.3 Dust control procedures.
3.2.8.10.1.4 A road maintenance schedule or program.
3.2.8.10.1.5 New road development associated with the project.
3.2.8.10.1.5.1 Any new roads shall comply with appropriate
municipal construction standards.
3.2.9 Maps: All maps shall include the location of all proposed WECUs and related structures/facilities
and access roads without obscuring map details. The Town of Carlton Zoning Administrator may
require additional studies or maps, as it deems necessary.
3.2.9.1 Wind Resource Map: A map identifying wind characteristics including prevailing wind
direction and minimum, maximum, and average wind speeds.
3.2.9.2 Land Use Maps: A location map to scale of current and planned land uses (based on the
current land use plan and/or comprehensive plan) within the project boundary and a one9
mile radius beyond the project boundary on which the WECS is to be located.
3.2.9.3 Zoning Maps: A location map to scale of the existing zoning districts including all
dwellings within the project boundary and a one-mile radius beyond the project boundary
on which the WECS is to be located.
3.2.9.4 USGS Topographic Maps: (scale of 1:24,000), original WDNR wetland maps.
3.2.9.5 Plat Maps: showing land ownership.
3.2.9.6 Flood Plain Maps: flood Insurance Rate Maps (FIRM) if the site is within one-half mile of a
flood plain.
3.2.9.7 Soil Survey Map
3.2.9.8 Historical, Cultural, Archeological, and Paleontological Resource Map: A map identifying
sensitive historical, cultural, or archeological resources.
3.2.10WECU Information and Certification: Specific information on the type, size, total installed height,
rotor material, rated power output, performance history, safety history, and noise characteristics of
each type of WECU, tower and electrical transmission equipment. Identify the length of service of
the proposed components. The following information shall also be provided:
3.2.10.1 A structural safety certificate from a professional engineer stating that the structure has
been designed to operate in cold weather conditions and is safe.
3.2.10.2 Certification of Structural Components: The compatibility of the foundation, tower, and
generating unit (including the rotor and rotor-related equipment) shall be certified in
writing by a professional engineer registered in Wisconsin. The Engineer shall certify
compliance with sound engineering practices and compliance with the appropriate
provisions of the W isconsin building codes.
3.2.10.3 Certification of Electrical System: The electrical system design shall be certified in
writing by an electrical engineer registered in Wisconsin as a Professional Engineer.
The Engineer shall certify compliance with good engineering practices and with the
appropriate provisions of the National Electric Code that have been adopted by the
State.
3.2.10.4 Certification of Rotor Over-speed Control: The rotor over-speed control system shall
be certified in writing by a mechanical engineer registered in Wisconsin as a
Professional Engineer. The Engineer shall certify compliance with good engineering
practices.
3.2.10.5 Ice Throw Calculations: A report from a W isconsin professional engineer that: a)
calculates the maximum distance that ice from the turbine blades could be thrown.
(The basis of the calculation and all assumptions must be disclosed.); and b) the
incidence of reported ice throws and the conditions reported at the time of the ice
throw.
3.2.10.6 Blade Throw Calculations: A report from a W isconsin professional engineer that: a)
calculates the maximum distance that pieces of the turbine blades could be thrown
(the basis of the calculation and all assumptions must be disclosed) and b) the
incidence of reported blade throws and the conditions at the time of the blade throw.
3.2.10.7 WECU Specifications: Photographs or detailed drawings of each wind turbine model
including the tower and foundation. Foundation at and around the tower base shall be
designed so that no surface water or runoff can access subsurface aquifer at any time
during construction, operation or decommissioning.
3.2.11 Computer Simulation or Drawings: Detailed computer and photographic simulation(s) overlaid
on existing environment showing the proposed WECS project area fully developed with all
proposed wind energy conversion units and related facilities.
3.2.12 Abandonment, Removal and Site Restoration Plan Required: The applicant shall submit a
removal and site restoration plan and removal and site restoration plan cost estimate to the
Town of Carlton Zoning Administrator for review and approval. The restoration plan shall identify
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the specific properties it applies to and shall indicate removal of all materials above and below
ground; road repair costs, if any; and all re-grading and re-vegetation necessary to return the
subject property to the condition existing prior to establishment of the wind energy facility. The
restoration shall reflect the site-specific character including topography, vegetation, drainage,
and any unique environmental features and shall be completed within one year. The plan shall
include a certified estimate of the total cost (by element) of implementing the removal and site
restoration plan.
3.2.13 Abandonment Liability: Signed and notarized legal document stating the landowner will be held
liable for removal of the wind turbine(s) should the owner or operators’ LLC (or other corporate
distinction) become liquidated or the posted bond not be sufficient to cover the costs associated
with removal.
3.2.14 Noise Report: A noise report that shall at a minimum include the following and be prepared by
an acoustic engineer:
3.2.14.1 A sound and vibration assessment as identified in Appendix A.
3.2.14.2 A description of the project’s proposed noise control features, including specific
measures proposed to protect workers, and specific measures proposed to mitigate
noise impacts for sensitive receptors to a level of insignificance.
3.2.14.3 A report that outlines issues and considerations for individuals that use hearing aids.
3.2.15 Soils Report: A geotechnical report that shall at a minimum include the following:
3.2.15.1 Soils engineering and engineering geologic characteristics of the site based on
onsite sampling and testing.
3.2.15.2 Foundation design criteria for all proposed structures.
3.2.15.3 Slope stability analysis.
3.2.15.4 Grading criteria for ground preparation, cuts and fills, soil compaction.
3.2.16 Shadow flicker and blade glint zone map: The applicant shall provide a shadow flicker and
blade glint model for any proposed wind energy conversion unit. The model shall:
3.2.16.1 Model and describe the zones where shadow flicker and blade glint will likely be
present within the project boundary and a one-mile radius beyond the project
boundary. Include the topography, existing residences and locations of their
windows, locations of other structures, wind speeds and directions, and existing
vegetation and roadways. The model shall represent the most probable scenarios of
wind constancy, sunshine constancy, and wind directions and speeds.
3.2.16.2 Calculate the locations of shadow flicker caused by the proposed project and the
expected durations of the flicker at these locations, calculate the total number of
hours per year of flicker at all locations.
3.2.16.3 Identify problem zones where shadow flicker will interfere with existing or future
residences and roadways and describe proposed measures to mitigate these
problems, including but not limited to a change in siting of the facility, a change in
the operation of the facility, or grading or landscaping mitigation measures.
3.2.16.4 Name and address of property owners within shadow flicker and/or blade glint
zones. Considering that development rights of adjacent property owners may be
forfeited due to these zones as per this ordinance, a written agreement for nondevelopment
within the specified zone must be obtained and recorded on the
affected properties’ deeds. Copies of the agreements must be submitted with the
application.
3.2.17 Fire prevention, emergency rescue and control program: A statement of the potential fire and
rescue scenarios and a plan to identify, fund and provide rescue service agencies to ensure
readiness and appropriate response.
3.2.18 Engineering schematics and specifications: Complete system-wide specifications including but
not limited to: power collection and electric interconnection system, towers, generating units,
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controls, transformers, grounding, terminations and provisions for possible expansion.
3.2.19 Catastrophic Failure Report and Test Results: Data from the tower and turbine manufacturers
stating the wind speed and conditions that the turbine and tower are designed to withstand
(including all assumptions), the incidence of catastrophic failures and the conditions reported at
the time of failure, and the effectiveness of all automatic electrical and mechanical shutdown
devices.
3.2.20 Air Navigation Plan: A plan to minimize potential “clutter” on airport radar facilities from the
proposed WECUs.
3.2.21 Lighting Plan: A plan showing lighting on and around all WECUs and related facilities. Lighting
on WECUs shall be lit to FAA minimal standards only. Lighting shall be shielded from ground
view to FAA maximum standards.
3.2.22 Utility Interconnection: Plan for interconnection and copy of written notification to the utility.
3.2.23 Microwave Communications Link Operators Notification: A copy of written notification of intent to
construct a WECS with project details to any microwave communications link operators that are
located within the project boundary and a two-mile radius beyond the boundary of a WECS.
3.2.24 Flood Plain Delineation: If a WECU is located within a 100-year flood plain area, as such flood
hazard areas are shown on Federal Emergency Management Agency maps, there shall be a
report to identify the potential for wind erosion, water erosion, sedimentation and flooding, and
to propose mitigation measures for such impacts.
3.2.25 Sufficient Wind Resource Study Results: Since the site shall have documented annual wind
resources sufficient for the operation of the WECU (this requirement shall not apply to an
anemometer tower), a study indicating these resources for a minimum of one year is required.
Said study shall indicate the long-term commercial economic viability of the project.
Anemometers to be placed shall be calibrated regularly to ensure a measurement of error of 1%
or less. All anemometers shall be placed at the expected hub height of the wind turbine to be
used. Sufficient wind resources, as described by the U.S. Department of Energy, include areas
with a wind power class 4 or higher. The county shall retain the services of an independent,
recognized expert to review the results of the wind resources study prior to acting on the
application for a CUP.
3.2.26 Communications Interference Test Results: The applicant for a WECS shall pay for and
perform pre-project testing of television signal strength and video taping of all channels in all
residences and businesses within the project boundary and a three-mile radius beyond the
project boundary. The applicant shall submit a report summarizing the findings and identifying
any potential interference of television, telephone (including cellular and digital), microwave,
satellite (dish), navigational, or radio reception.
3.2.26.1 Applicant shall receive written permission from property owners prior to
communications interference testing. It shall be understood that when permission is
denied, all responsibility for communications reception quality remains with the
property owner.
3.2.27 Electrical Pollution Test Results: The applicant must perform two pre-construction electrical
pollution tests on all livestock facilities within the project boundary and a one-mile radius beyond
the project boundary. The tests shall be performed by a mutually acceptable voltage
investigator once in the spring and once in the fall. The tests shall be performed according to
PSCW Phase II Stray Voltage Testing Protocol identified in Appendix C. A copy of the test
results shall be sent to each of the following: property owners and PSCW Rural Electric Power
Services staff and Town of Carlton Zoning Administrator or the Town of Carlton Town Board.
3.2.27.1 Applicant shall receive written permission from property owners prior to electrical
pollution testing. It shall be understood that when permission is denied, all
responsibility for electrical pollution remains with the property owner.
3.2.28 HAZMAT Reports: Copies of all HAZMAT reports shall be submitted.
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3.2.29 Financial security to cover the following shall be provided by the applicant prior to preliminary
project approval:
3.2.29.1 Legal and Consultant Fees: The applicant shall deposit in a joint escrow account
with the appropriate municipal authorities a sum of $25,000, as partial payment for
the appropriate town and county planning commissions’ expenses in hiring
consultants and experts, as these authorities shall, at their discretion, deem
desirable. At any time the balance of this fund shall fall below $15,000, the applicant
shall submit an additional $15,000 so that the applicable municipal authority’s full
and actual expenses of examining and verifying the data presented shall be covered
in total by the applicant. This deposit shall accompany the initial application and be
considered a part thereof. If at any time the balance of this fund shall fall below
$15,000 for a period of 30 days, the application shall be considered to have been
withdrawn.
3.2.29.2 Road repair costs for all classes of roads: The amount to be agreed upon by the
applicant and the appropriate municipal authority with guidance from applicable
experts to be deposited in a joint escrow account. When determining the amount of
such required security, the governing authorities may also require an annual
escalator or increase based on current construction costs and/or the Federal
Consumer Price Index. Such financial security shall be deposited or filed with the
appropriate governing authorities prior to commencement of construction. This
security shall be kept in full force and effect during the entire time that a WECS is in
existence. Such security shall be irrevocable or non-cancelable (except by written
consent by both the governing authorities and the current owner of the WECS) for
the life of the approved permit. Failure to comply will subject the applicant to all
available remedies of the governing authority, including possible enforcement action
and revocation of the conditional use permit.
3.2.29.3 Advance payment for WECS site reclamation and restoration is to be placed in joint
escrow account or surety bond, the amount to be determined by the appropriate
municipal governing authorities to be sufficient to have the WECS fully removed and
all components properly disposed of and the land returned to its original state
should such structures become abandoned, dangerous, or not in compliance with
this ordinance. Such financial security shall be kept in full force and effect during the
entire time while a WECS facility exists or is in place. Such financial security shall
be irrevocable and non-cancelable until such time as appropriate municipalities
certify that reclamation and restoration are complete and release the obligation.
3.2.30 Complaint Resolution Procedure: Applicant shall submit a Complaint Resolution Procedure per
Appendix B.
3.2.31 Other Information: The applicant shall submit such additional information as may be reasonably
requested by the Town of Carlton Zoning Administrator and the Town of Carlton Town Board.
3.3 Use of Permit:
3.3.1 Project Start: Any WECS CUP that is granted shall be used not later than (2) two years from the
date of issuance, or within such additional time as may be set in the conditions of approval, which
shall not exceed a total of five (5) years; otherwise the permit shall be null and void.
Notwithstanding the foregoing, if a permit is required to be used within less than five (5) years, the
applicant may, prior to its expiration, request an extension of time to use the permit. A request for
extension of time shall be made to the Town of Carlton Zoning Administrator. Extensions of time
shall be made on forms provided by the Town of Carlton Zoning Administrator or his or her
designees and shall be accompanied by the filing fee set forth in the Town of Carlton Ordinance
and Services Fee Schedule. Within 30 days following the filing of a request for an extension, the
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Town of Carlton Zoning Administrator or his/her designee shall review the application, make a
recommendation thereon, and forward the matter on the regular agenda of Town of Carlton Town
Board. An extension of time may be granted upon a determination that valid reason(s) exist for
applicant not using the permit within the required period of time. If an extension of time is granted,
the total time allowed for the use of the permit shall not exceed a period of five (5) years,
calculated from the effective date of the issuance of the permit.
3.3.2 Term of Permit: A WECS CUP shall be valid for the useful life of the equipment described in the
permit. The term of the permit shall be determined at the time of approval, and shall not exceed 20
years. The Town of Carlton Zoning Administrator shall review the permit every 5 years to ensure
compliance with this ordinance and the provisions of the CUP. The owner/operator who seeks to
extend the permit of an existing WECS beyond the original 20 years shall meet the requirements of
this ordinance, as amended from time to time, as if the WECS were a new facility.
3.4 Revocation of Permit: Grounds for revocation of a WECS CUP shall be limited to one of the following
findings as determined by the Town of Carlton Zoning Administrator.
3.4.1 The owner or operator of the facility fails to comply with the requirements of this ordinance at the
time of issuance of the applicable permit.
3.4.2 The owner/operator has failed to comply with the conditions of approval imposed.
3.4.3 The facility has not been maintained in accordance with the standards of this ordinance.
3.4.4 There have been excessive or continued violations.
3.5 Revocation Process:
3.5.1 The owner/operator of a WECS shall be notified, by certified mail with return receipt requested, of
noncompliance by the Town of Carlton Zoning Administrator or his/her designee.
3.5.2 The owner/operator shall comply within 30 days to the satisfaction of the Town of Carlton Zoning
Administrator or his/her designee.
3.5.3 If compliance is not obtained within 30 days, the Town of Carlton Zoning Administrator or his/her
designee shall notify the Town of Carlton Town Board of the noncompliance and request
permission to proceed with the revocation process. This time period may be extended by staff to
adjust for seasonal limitations.
3.5.4 The Town of Carlton Zoning Administrator or his/her designee shall appear at the hearing before
the Town of Carlton Town Board to present the evidence of noncompliance. All other interested
parties may also give testimony to the Committee.
3.5.5 A written decision of the Town of Carlton Town Board will be made. In instances where
compliance with this ordinance cannot be established, the matter may be forwarded to the Town of
Carlton attorney for appropriate legal action.
3.6 Appeals Procedures:
3.6.1 Administrative Decisions and Ordinance Interpretations
3.6.1.1 Any person aggrieved or affected by any action of the Town of Carlton Zoning
Administrator or his/her designees may take appeals to the Town of Carlton Board of
Appeals.
3.6.1.2 Appeals shall be taken within ten (10) calendar days of the date of the decision in which
the party is aggrieved, by filing with the Town of Carlton Zoning Administrator a notice of
appeal specifying the grounds thereof. The Town of Carlton Zoning Administrator or
his/her designees shall forthwith transmit to the Town of Carlton Board of Appeals all the
papers constituting the record upon which the action appealed from was taken. The Town
of Carlton Board of Appeals is empowered to hear and decide appeals to:
3.6.1.2.1Grant or deny appeals of administrative decisions of the Town of Carlton Zoning
Administrator or his/her designees.
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3.6.1.2.2Grant or deny appeals of administrative interpretation of the ordinance by the
Town of Carlton Zoning Administrator or his/her designees.
3.6.2 Principles Guiding Town of Carlton Board of Appeals Decisions. The following are principles that
shall guide the Town of Carlton Board of Appeals:
3.6.2.1 The burden is upon the appellant to prove the need for a variance.
3.6.2.2 Pecuniary hardships, loss of profit, self-imposed hardships, such as that caused by
ignorance, deed restrictions, proceeding without a permit, or illegal sales, are not
sufficient reasons for granting a variance.
3.6.2.3 The board is bound to accept the WECS Ordinance as being correct.
3.6.2.4 The plight of the appellant must be unique, such as a shallow or steep parcel of land, or
situation caused by other than her/his own action.
3.6.2.5 The hardship justifying a variance must apply to individual appellants parcel or structure
and not generally to other properties in the same district.
3.6.2.6 The variance must not be detrimental to adjacent properties.
3.6.2.7 The Town of Carlton Board of Appeals in fulfilling its duties may modify, alter, or change
any application.
4. Findings Necessary to Grant a WECS CUP: A WECS CUP shall not be granted unless the Town of Carlton
Zoning Administrator makes the following findings based on substantial evidence:
4.1.1 In Accordance with the Purpose and Intent of this Ordinance: The proposed WECS is in
accordance with the purpose and intent of this ordinance.
4.1.2 Will Not Unreasonably Interfere With the Orderly Land Use and Development Plans: The proposed
WECS will not unreasonably interfere with the orderly land use and development plans of Town of
Carlton.
4.1.3 Benefits to the Public Shall Exceed Any Burdens: The benefits to the public of the proposed WECS
shall exceed any burdens.
4.1.4 Not Detrimental to the Public Health and Safety of the Community: The proposed WECS will not be
detrimental to the public health and safety of the community.
4.1.5 Not Otherwise Adverse to the Environment, Neighborhood or Community: The proposed WECS
will not be hazardous or harmful to the environment or the neighborhood or community.
4.1.6 Complies With All Required Provisions of the Zoning Ordinance: The proposed WECS shall
comply with all required provisions of this zoning ordinance.
4.1.7 No Person With Building Plans Affected: 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 pursuant to Section 3.2.5 of this
Ordinance, or 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.
5. Development/Performance Standards: All WECS and testing structures shall comply with the
Development/Performance Standards set forth in this section.
5.1 Safety Setbacks:
5.1.1 Structure Setbacks: 1800 Feet from all sensitive receptors and
livestock facilities.
5.1.2 Property Line Setbacks: 1800 feet from all ownership property lines unless
the property owners are within the same WECS, or an easement is granted by the nonparticipating
land owner.
5.1.3 Public Roads and Highways Setbacks: 1800 feet from the right-of-way
line of any public road or highway.
5.1.4 Above Ground Transmission Lines Greater than 12 kV Setbacks: 1.5 times the total height of the
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WECU from the edge of the easement, but in no case less than 500 feet. The PSC will, if
applicable, be contacted for a recommendation prior to the permit hearing.
5.1.5 Water Bodies and Wetland Setbacks: 2 times the total height of the WECU from the ordinary high
water mark of the water body or from the delineated boundary of a wetland. The DNR will be
contacted for a recommendation prior to the permit hearing.
5.1.6 Turbine spacing: Minimum setback distances between turbines shall be 2 times the height of each
WECU. An applicant may request a lesser turbine spacing at the permit hearing if able to provide
testimony by a qualified engineer that a lesser setback would not pose a safety hazzard.
5.1.7 Recreational Setbacks: No WECU shall be located within 2.5 times the height of the WECU from a
property line of a Town or County park, privately owned park or campground, or any other
designated recreational area.
5.2 Evidence of Development Restrictions:
5.2.1 Affected Property Owners: Name and address of property owners within WECS setback areas,
shadow flicker zones, and blade glint zones. Copies of the affected property owners’ deeds with
appropriate development restrictions must be submitted after preliminary approval to the Town of
Carlton Zoning Administrator prior to final approval.
5.2.2 Impermissible Interference: A signed agreement with adjacent landowners who agree to restrict
development on their land in such a way as to avoid decreasing wind velocity or increasing wind
turbulence or otherwise create an impermissible interference at the location of the proposed
WECU.
5.3 Easement: A signed agreement with all affected landowners permitting right-of-way easements for all
overhead and underground control and distribution systems. Landowners who have signed easement
agreements related to the WECS have the following specific rights. These rights are applicable for power
lines for the distribution or transmission of power from a WECS.
5.3.1 In constructing and maintaining high-voltage transmission lines on the property covered by the
easement the owner/operator of a WECS shall:
5.3.1.1 If excavation is necessary, ensure that the topsoil is stripped, piled and replaced upon
completion of the operation.
5.3.1.2 Restore to its original condition any slope, terrace, or waterway which is disturbed by the
construction or maintenance.
5.3.1.3 Insofar as is practicable and when the landowner requests, schedule any construction
work in an area used for agricultural production at times when the ground is frozen in
order to prevent or reduce soil compaction.
5.3.1.4 Clear all debris and remove all stones and rocks resulting from construction activity upon
completion of construction.
5.3.1.5 Satisfactorily repair to its original condition any fence damaged as a result of construction
or maintenance operations. If cutting a fence is necessary, a temporary gate shall be
installed. Any such gate shall be left in place at the landowner’s request.
5.3.1.6 Repair any drainage tile line within the easement damaged by such construction or
maintenance.
5.3.1.7 Pay for any crop damage caused by such construction or maintenance.
5.3.1.8 Supply and install any necessary grounding of a landowner’s fences, machinery or
buildings.
5.3.2 The landowner shall be afforded a reasonable time prior to commencement of construction to
harvest any trees located within the easement boundaries, and if the landowner fails to do so, the
landowner shall nevertheless retain title to all trees cut by the owner/operator of a WECS.
5.3.3 The landowner shall not be responsible for any injury.
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5.4 Safety and Security:
5.4.1 Safety Shutdown: Each WECU shall be equipped with both manual and automatic controls to limit
the rotational speed of the blade within the design limits of the rotor. All turbines shall be equipped
with redundant braking systems. This includes both aerodynamic (including variable pitch) over
speed controls, and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode,
whereby they are engaged in the case of loss of load on the generator. Stall regulation should not
be considered a sufficient braking system for over speed protection. A manual electrical and/or
overspeed shutdown disconnect switches shall be provided and clearly labeled on/in the WECU
structure.
5.4.2 Grounding: All structures associated with a WECS, which may be charged with lightning, shall be
grounded.
5.4.3 Wiring: All electrical conductors, telecommunications, and fiber-optics cables associated with the
WECS shall be underground.
5.4.4 Ground Clearance: The blade tip of any WECU shall, at its lowest point, have ground clearance of
not less than 75 feet.
5.4.5 Climbability: WECU’s shall not be climbable up to 15 feet above ground level.
5.4.6 Access Doors Locked: All access doors to WECU’s and electrical equipment shall be lockable and
shall remain locked at all times when operator personnel are not present.
5.4.7 Self-Supporting Structures: All structures shall be self-supporting. No guy wire supported
structures shall be permitted with the exception of meteorological towers.
5.4.8 Signage: Only appropriate warning signage shall be placed on WECUs, electrical equipment, and
WECS entrances. No advertising or promotional signage is permitted. See Section 5.15.
5.4.9 Fencing: Fencing or other appropriate measures at the periphery of the WECU site may be
required to prevent unauthorized access to the WECU.
5.4.10 Post-construction Road Conditions and Repair: The applicant/owner/operator of the WECS shall
reimburse the municipality for any and all maintenance, repairs and reconstruction to the public
roads resulting directly from the construction and any subsequent maintenance of the WECS.
5.4.10.1 A post-construction inventory of road conditions paid for by applicant shall be
performed within 30 days of WECS completion. Identify road surface materials
stating the type and amount of surface cover, PASER ratings, and photographic or
video documentation, performed by a W isconsin certified professional engineer
mutually agreed upon by applicant and municipality.
5.4.10.2 Applicant agrees to confine construction traffic to previously agreed upon routes.
5.4.10.3 Roads shall be repaired or reconstructed to equivalent pre-construction PASER
rating or better.
5.4.10.4 The municipality shall determine when and who maintains, repairs or reconstructs
the applicable roads.
5.5 Noise and Vibration:
5.5.1 Noise Regulations Compliance: A WECS shall be considered in violation of the CUP unless the
applicant demonstrates that the project complies with all noise level limits. Noise levels in excess
of the limits established in this ordinance shall be grounds for the Town of Carlton Zoning
Administrator or his/her designee to order immediate shut down of all non-compliant WECUs.
5.5.2 Post construction noise and vibration measurements: Within twelve months of the date when the
project is fully operational, and within two weeks of the anniversary date of the pre-construction
background noise measurements, repeat the existing sound and vibration environment
measurements taken before the project approval. Post-construction sound level measurements
shall be taken both with all WECUs running and with all WECUs off. Report post-construction
measurements to the Town of Carlton Zoning Administrator (available for public review) using the
same format as used for the pre-construction sound and vibration studies.
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5.5.3 Noise Setbacks: The Town of Carlton Zoning Administrator may impose a noise setback that
exceeds the other setbacks set out in this ordinance if he/she deems that such greater setbacks
are necessary to protect the public health, safety, and welfare of the community.
5.5.4 Noise Standard: The noise due to WECU operations shall not be greater than 5 dBA above the
established background noise level for more than five 5 minutes out of any one hour time period as
measured per Appendix A.
5.5.5 Low Frequency Noise or Infrasound Noise: No low frequency noise or infrasound noise from wind
turbine operations shall be created which causes the noise level both within the project boundary
and a one-mile radius beyond the project boundary to exceed the following limits:
1/3 Octave Band
Center Frequency (Hz)
Sound Pressure Level (dB)
2 to 1 70
16² 68
20 68
25 67
31.5 65
40 62
50 60
63 57
80 55
100 52
125 50
250 47
500 45
1000 42
2000 40
4000 37
8000 35
5.5.6 Pure Tone Penalty: In the event audible noise due to wind turbine operations contains a steady
pure tone, such as a whine, screech, or hum, the standards for Audible Noise shall be reduced by
five (5) dB(A). A pure tone is defined to exist when: the one-third octave band sound pressure
level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels
on the two (2) contiguous one-third octave bands by five (5) dB(A) for center frequencies of 500 Hz
and above, and eight (8) dB(A) for center frequencies between 160 and 400 Hz, and by fifteen (15)
dB(A) for center frequencies less than or equal to 125 Hz.
5.5.7 Repetitive, Impulsive Sound Penalty: In the event the audible noise due to wind turbine operations
contains repetitive impulsive sounds, the standards for Audible Noise shall be reduced by five (5)
dB(A).
5.5.8 Pure Tone and Repetitive, Impulsive Tone Penalty: In the event the audible noise due to wind
turbine operations contains both a pure tone and repetitive impulsive sounds, the standards for
Audible Noise shall be reduced by a total of five (5) dB(A).
5.5.9 Operations – Low Frequency Noise: A WECU that emits impulsive sound below 20 Hz that
adversely affects the habitability or use of any existing dwelling unit or other sensitive noise
receptor shall be deemed unsafe and must be shut down immediately.
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5.5.10Noise Complaint and Investigation Process: See Appendix B.
5.6 Rescue, Fire and Hazard Protection: Owner/operator shall assure that the WECS complies with the
following fire control and Prevention measures and incurs associated costs.
5.6.1 Fireproof or fire resistant building materials and buffers or fire retardant landscaping.
5.6.2 Maintain firebreak areas cleared of vegetation and maintained as a fire/fuel break as long as the
WECU is in operation. Firebreaks shall be 30 feet around the periphery of the proposed WECU
site, 10 feet around all transformers and 30 feet around all buildings.
5.6.3 Fire fighting and rescue services, including programs and costs associated with equipment and
training, for local fire protection and rescue personnel.
5.6.4 The owner/operator shall be responsible for compliance with all laws applicable to the generation,
storage, clean up, transportation and disposal of hazardous wastes generated during any phase of
the project’s life.
5.7 Interconnection and Electrical Distribution Facilities:
5.7.1 All conductors associated with the distribution, control, and transmission of energy from WECUs
shall be installed underground.
5.7.2 All underground conductors, including neutral conductors, shall be insulated for the applicable
voltage and of the same ampacity. There shall be no bare neutral wires allowed.
5.7.3 Underground installations regardless of voltage must comply with all right-of-way requirements and
clearances as identified in this ordinance.
5.7.3.1 Rights of way width for distances greater than 100 feet of underground installation in
unpaved areas shall be a minimum of 30 feet and a maximum of 50 feet unless otherwise
specifically agreed to by the property owner.
5.7.3.2 Rights of way width for distances of 100 feet or less of underground installation in
unpaved areas shall be a minimum of 20 feet unless otherwise specifically agreed to by
the property owner.
5.7.3.3 Wherever practical, easements shall be placed immediately adjacent to the outside edge
of road rights of way.
5.7.4 Owner/operator must submit copies of signed and recorded easements from all involved
landowners and any governmental units responsible for the affected rights-of-way.
5.8 Electrical Pollution:
5.8.1 The owner/operator of the WECS shall respond within (5) five business days to any request for a
electrical pollution investigation by a property owner within the project boundary and a one-mile
radius beyond the project boundary.
5.8.2 The tests shall be performed by a mutually acceptable voltage investigator.
5.8.3 The tests shall be performed according to PSCW Phase II Stray Voltage Testing Protocol identified
in Appendix C.
5.8.4 Testing shall commence within (10) ten working days of the request. If testing cannot be initiated
within (10) days, the WECU(s) in question shall be shut down until the testing can be started.
5.8.5 The investigation shall be provided to the property owner at no cost up to a maximum of two
investigations within a 12-month period. See Appendix C.
5.8.6 At no time shall the operation of a WECS increase the measured cow contact voltage (Vcc) or
primary neutral to remote voltage (Vpn) on a livestock facility within the project boundary and a
one-mile radius beyond the project boundary, above the maximum pre-construction levels.
5.8.7 The owner/operator agrees to abide by all rules, procedures, standards, and reporting established
by the PSCW for electrical pollution.
5.8.8 Owner/operator is responsible for mitigating within five working days from determination any net
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increase in cow contact voltages (Vcc) or primary neutral to remote voltages (Vpn) attributed to the
operation of the WECS. If corrections cannot be initiated within (5) five working days, the WECU(s)
in question shall be shut down until the voltages in question are mitigated.
5.8.9 A copy of the test results shall be sent to the property owner, PSCW, Rural Electric Power
Services staff, and the Town of Carlton Zoning Administrator within (30) days of test completion.
5.9 Unsafe and Inoperable WECUs; Site Reclamation:
5.9.1 Inoperable: A WECU shall be deemed inoperable if it has not generated power within the
preceeding two calendar quarters equal to at least 50% of the expected production, and shall be
promptly dismantled and removed from the property.
5.9.2 Unsafe: Any WECU that is found to present an imminent physical threat of danger to life or
significant threat of damage to property shall be immediately shut down and repaired or otherwise
made safe and certified so by a W isconsin professional engineer prior to resumption of operation.
5.9.2.1 If a serious adverse unforeseen impact develops due to the operation of one or more
WECU that has a serious detrimental effect on a particular resident, the affected resident
has a right to request the Town of Carlton Zoning Administrator to order the cessation of
the operation of the WECU(s) in question until the situation has been corrected.
5.9.2.2 Within 24 hours of an occurrence of a tower collapse, turbine failure, fires, thrown blade or
hub, collector or feeder line failure, injured WECS worker or private person, the
owner/operator shall notify the Town of Carlton Zoning Administrator.
5.9.3 Removal and Site Restoration: The owner/operator shall remove all equipment associated with the
WECUs and restore the site to its original condition at the end of the permit or when any WECU is
deemed inoperable or unsafe. The restoration shall include removal of all materials above and
below ground; road repair, if any; and all re-grading and re-vegetation necessary to return the
subject property to the condition existing prior to establishment of the WECS. The restoration shall
reflect the site-specific character including topography, vegetation, drainage, and any unique
environmental features and shall be completed within one year. The owner/operator shall incur all
costs associated with implementing the removal and site restoration plan.
5.9.3.1 Erosion Control: Owner/operator shall comply with all state, county, or local erosion
control, soil stabilization and/or runoff requirements or ordinances as pertains to WECS
removal and site restoration.
5.9.4 Public Nuisance: Every unsafe WECU and every inoperable WECU is hereby declared a public
nuisance, which shall be subject to abatement by repair, rehabilitation, demolition, or removal. An
inoperable WECU shall not be considered a public nuisance provided the owner can demonstrate
that modernization, rebuilding or repairs are in progress or planned and will be completed within no
more than six months.
5.10 Communications Interference: Any WECU shall be sited and operated so that they do not interfere
with television, telephone (including cellular and digital), microwave, satellite (dish), navigational, or
radio reception to neighboring areas. The applicant and/or operator of the facility shall be responsible
for the full cost of any remediation necessary to provide equivalent alternate service or correct any
problems; including relocation or removal of the facility, caused or exacerbated by the operation of
such equipment and any and all related transmission lines, transformers, and other components
related thereto. The owner/operator of the WECS shall respond within five business days to any
request for a communications interference investigation by a property owner within the project
boundary and a three-mile radius beyond the project boundary. Testing shall commence within ten
working days of the request. Owner/operator is responsible for mitigating within ten working days from
determination of interference cause attributed to the operation of the WECS.
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5.11 Interference with Aviation Navigational Systems:
5.11.1 No interference with Aviation Facilities: No WECS shall be installed or operated in a manner
that causes interference with the operation of any aviation facility.
5.11.2 Compliance with FAA Regulations: All wind energy siting shall comply with Federal Aviation
Administration (“FAA”) regulations for siting structures near an airport.
5.11.3 Locking Mechanisms to Limit Radar Interference Required: All WECSs shall include a
locking mechanism that prevents the blades from rotating when not producing power, in
order to limit airport radar interference or “clutter.” The Town of Carlton Zoning Administrator
may modify or eliminate the requirement for a locking mechanism if sufficient evidence is
presented that no significant airport radar interference or “clutter” will be caused by the
WECS.
5.12 Certification of Insurance: Owner/operator shall maintain liability and other insurances as specified in
Section 3.1.2 for the duration of the WECS project including decommissioning and reclamation. The
insurance carrier shall be instructed to notify all applicable governmental authorities of any
delinquency in payment of premiums. Failure to provide such insurances shall be considered
abandonment and full and sufficient grounds for termination of the permit and disposal of the
equipment and appurtenances as stated herein.
5.13 Monitoring:
5.13.1 Right to Enter Premises for Monitoring: Upon reasonable notice, Town of Carlton officials or
their designated representatives may enter a lot on which a WECS CUP has been granted
for the purpose of monitoring noise, environmental impacts, and other impacts, which may
arise. Twenty-four hours advance notice shall be deemed reasonable notice.
5.13.2 Post-construction Well Testing: All previously tested wells shall be tested again within (30)
thirty days of WECS start-up. Pre-construction notification and testing procedures shall be
followed (see Section 3.2.8.3). Applicant/owner/operator is responsible for all costs
associated with well testing and corrective action if necessary.
5.13.2.1 Corrective Action: Adverse changes in flow rate or adverse changes in water
quality that cause any of the tested wells that were previously in compliance with
the applicable Wisconsin DNR drinking water quality standards for such
substances in NR 809 to come out of compliance with such standards will be
considered evidence of damage caused by WECS construction and require
corrective action by the applicant. If any such well owners contact the applicant
after construction commences but prior to the end of one year from WECS
project completion and provide applicant with evidence that the integrity of their
well or water quality in their well has been damaged by applicant’s construction,
the applicant shall promptly investigate all such complaints. If such investigation
demonstrates that the likely cause of such damage was the construction, then
applicant shall correct the problem by implementing reasonable corrective
measures. Applicant’s obligation to take corrective action or implement
reasonable corrective measures shall be deemed satisfied if applicant provides
the affected well owner with a reasonable emergency water supply immediately
and commences measures to implement a permanent fix of the problem with the
damaged well within (30) thirty days.
5.13.3 Termination Testing: After installation of the WECS, the applicant/operator shall perform
annual thermal imaging on all high voltage electrical terminations. Testing shall be performed
according to industry standards to include a photographic/digital record. A copy of the results
including documentation of any maintenance performed shall be sent to the Town of Carlton
Town Board.
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5.13.4 Insulation Testing: After installation of the WECS, the applicant/operator shall perform an
annual evaluation of high voltage electrical conductor insulation known in the electrical
industry as HIPOT. All insulated high voltage conductors must be tested. Testing shall be
performed according to industry standards. A copy of the results including documentation of
any maintenance performed shall be sent to the Town of Carlton Town Board.
5.13.5 Noise Testing: After installation of the WECS, the applicant/operator shall perform noise
testing according to section two of appendix A, Sites with Existing WECUs.
5.13.6 Periodic Reporting: The owner/operator shall submit periodic monitoring reports to the Town
of Carlton Town Board. The report shall contain data on the operations and environmental
impacts, and shall be in the form prescribed by the Town of Carlton Zoning Administrator.
5.13.7 Power Production Report: The owner/operator shall submit an annual power production
report to the Town of Carlton Town Board. The power production report shall cover the
proceeding calendar year, and shall be in the form prescribed the Town of Carlton Zoning
Administrator and shall include actual power production in kilowatt-hours for each WECU.
5.14 Time Related Conditions:
5.14.1 Phased Development May Be Required: A WECS CUP may require phased development in
order to mitigate adverse impacts from such factors including but not limited to; the number
of WECUs, the location of the wind energy conversion units and construction schedules.
5.14.2 Demonstration of Performance Characteristics May Be Required: The granting of a WECS
CUP may be conditioned upon the installation and operation of one or more WECU for a
period not to exceed six months in order to demonstrate the performance characteristics of
the WECU. If such monitoring condition is imposed, the permit shall specify the standards
which must be met in order to continue development. If a standard has not met at the
expiration of the required monitoring period, the applicant and the Town of Carlton Zoning
Administrator may agree to an extension. The time within which the permit must be used
shall be extended to include the period of the required monitoring.
5.15 Signage Limited: No advertising sign or logo shall be placed or painted on any WECU. A WECS CUP
may allow the placement of no more than two advertising signs relating to the development of the
project site, but no sign shall exceed 15 square feet in surface area or eight feet in height.
5.16 Shadow Flicker or Blade Glint: The facility shall be designed such that shadow flicker or blade glint
will not fall on, or in any existing sensitive receptor. Shadow flicker or blade glint expected to fall on a
roadway or a portion of a residential parcel may be acceptable under the following circumstances;
5.16.1 The flicker or glint will not exceed 10 hours per year; and
5.16.2 The flicker or glint will fall more than 100 feet from an existing residence; or
5.16.3 The traffic volumes are less than 500 vehicles per day on the roadway.
5.16.4 The flicker or glint shall not fall onto an intersection.
5.16.5 If shadow flicker or blade glint exceeds any of the conditions listed in Sections 5.16.1-5.16.4,
the source WECU(s) shall be shut down until the flicker or glint problem is remedied.
5.17 Color, Finish, Lighting:
5.17.1 Color and Finish: Wind energy conversion units shall be painted a non-obtrusive (e.g., light
environmental color such as white, gray, or beige) color that is non-reflective.
5.17.2 Camouflage Facilities: The design of WECS buildings and related structures shall, to the
extent reasonably possible use materials; colors, textures, screening and landscaping that
will blend the facility to the natural setting and the existing environment.
5.17.3 Lighting Requirements: Shall be lit to FAA minimal standards only. Where acceptable to the
FAA the Town of Carlton Zoning Administrator will approve red lights over white lights, and
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steady lights over strobed or intermittent lights. Lighting shall be shielded from ground view
to FAA maximum standards. Area and security lighting shall not exceed 175 watts each and
25 feet in height and shielded from neighboring sensitive receptors.
5.18 Conditions May Be Imposed:A WECS CUP may be subject to any condition deemed necessary to
minimize the possibility that the future development of nearby property will create an impermissible
interference or to minimize any burden on any person affected by granting the permit. Such conditions
or exemptions may include but are not limited to restrictions on the location of the WECS and
requirements for the compensation of persons affected by the granting of the permit.
5.19 A small wind energy system shall be a conditional use in all zoning districts subject to the following
requirements:
5.19.1 Setbacks:
(a) A wind tower for a small wind system shall be set back a distance equal to its total
height from:
(i) any public road right of way, unless written permission is granted by the governmental
entity with jurisdiction over the road;
(ii) all property lines, unless written permission is granted from the affected land owner or
neighbor.
(b) The setback distance from any overhead electrical utility lines shall be determined by
the local utility.
5.19.2 Access:
(a)All ground mounted electrical and control equipment shall be labeled or secured to
prevent unauthorized access.
(b)The tower shall be designed and installed so as to not provide step bolts or a ladder
readily accessible to the public for a minimum height of 8 feet above the ground.
5.19.3 Electrical Wires: All electrical wires associated with a small wind energy system, other than
wires necessary to connect the wind generator to the tower wiring, the tower wiring to the
disconnect junction box, and the grounding wires shall be located underground.
5.19.4 Lighting: A wind tower and generator shall not be artificially lighted unless such lighting is
required by the Federal Aviation Administration.
5.19.5 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 approved in
the building permit.
5.19.6 Signs: All signs, other than the manufacturer’s or installer’s identification, appropriate
warning signs, or owner identification on a wind generator, tower, building, or other structure
associated with a small wind energy system visible from any public road shall be prohibited.
5.19.7 Code Compliance: A small wind energy system including tower shall comply with all
applicable state construction and electrical codes, and the National Electrical Code.
5.19.8 Utility notification and interconnection: Small wind energy systems that connect to the
electric utility shall comply with the Public Service Commission of Wisconsin’s Rule 119,
“Rules for Interconnecting Distributed Generation Facilities.”
5.19.9 Meteorological Towers: Meteorological towers for SWTs shall be permitted under the same
standards, permit requirements, restoration requirements, and permit procedures as a Small
Wind Turbines.
5.19.10 Permit Requirements:
(1) Building Permit. A building permit shall be required for the installation of a small wind
energy system.
(2) Documents. The building permit application shall be accompanied by a plot plan
which includes the following:
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(a)Property lines and physical dimensions of the property
(b)Location, dimensions, and types of existing major structures on the property
(c) Location of the proposed wind system tower
(d)The right-of-way of any public road that is contiguous with the property;
(e)Any overhead utility lines;
(f) Wind system specifications, including manufacturer and model, rotor diameter,
tower height, tower type (freestanding or guyed)
(g)Tower foundation blueprints or drawings
(h)Tower blueprint or drawing
(3) Fees:The application for a building permit for a small wind energy system must be
accompanied by the fee required for a building permit for a small wind energy system.
(4) Expiration: A permit issued pursuant to this ordinance shall expire if:
(a)The small wind energy system is not installed and functioning within 24-months from
the date the permit is issued; or,
(b)The small wind energy system is out of service or otherwise unused for a
continuous 12-month period.
5.19.11 Abandonment:
(1) A small wind energy system that is out-of-service for a continuous 12-month period will
be deemed to have been abandoned. The Administrator may issue a Notice of
Abandonment to the owner of a small wind energy system that is deemed to have been
abandoned. The Owner shall have the right to respond to the Notice of Abandonment
within 30 days from Notice receipt date. The Administrator shall withdraw the Notice of
Abandonment and notify the owner that the Notice has been withdrawn if the owner
provides information that demonstrates the small wind energy system has not been
abandoned.
(2) If the small wind energy system is determined to be abandoned, the owner of a small
wind energy system shall remove the wind generator from the tower at the Owner’s
sole expense within 3 months of receipt of Notice of Abandonment. If the owner fails to
remove the wind generator from the tower, the Administrator may pursue a legal action
to have the wind generator removed at the Owner’s expense.
This ordinance shall take effect upon passage and publication.
Introduced by Supervisor __________________________
Vote: For ___________ Against ___________
Adopted this _____ day of __________________, 2008.
TOWN OF CARLTON
David Zellner, Chairman
ATTEST:
_______________________________
Linda Sinkula, Town Clerk
Published: _________________________
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REFERENCES
National Wind Coordinating Committee’s Permitting of Wind Energy Facilities: A Handbook
Commercial Wind Energy Facility & Wind Access Model Ordinance
Wisconsin Model Wind Ordinance Reference Guide
Wisconsin State Statutes
Wind ordinance: Shawano County, W isconsin
Wind Ordinance: White River Township, Michigan
Wind Ordinance: Eveline Township, Michigan
Wind Ordinance: Otsego Township, Michigan
Wind Ordinance: Door County, W isconsin
Wind Ordinance: Dodge County, W isconsin
Wind Ordinance: Riley County, Kansas
Conditional Use Permit: Town of Lincoln, W isconsin
Study Committee Report: Town of Lincoln, W isconsin
Site Permit for Large Wind Energy Conversion System: Murray County, Minnesota
Highland County, Virginia: W hat Highland Needs to Learn About W ind Energy Projects
Australia Environment Protection Authority: Environmental Noise Guidelines: W ind Farms
Public Service Commission of Wisconsin:
PSC Overview Series: Renewable Energy Resources
PSC Overview Series: Underground Electric Transmission Lines
PSC Overview Series: Right-of-Way and Easements for Electric Facility Construction
Measurement Protocols – Facts and Misconceptions
Measurement Protocol for Sound and Vibration Assessment of Proposed and Existing Electric Power Plants
Information Requirements for Electric Generation Construction Projects over 100 MW
Policies and Procedures Concerning Stray Voltage for Electric Distribution Utilities in Wisconsin
The Phase II Stray Voltage Testing Protocol
25
Appendix A
Town of Carlton Measurement Protocol for Sound and Vibration Assessment of Proposed and Existing Wind
Energy Conversion Systems
Introduction:
The potential sound and vibration impact associated with the operation of wind powered electric generators is
often a primary concern for citizens living near proposed wind energy conversion systems (WECS). This is
especially true of projects located near homes, residential neighborhoods, schools, and hospitals. Determining
the likely sound and vibration impacts is a highly technical undertaking and requires a serious effort in order to
collect reliable and meaningful data for both the public and decision makers.
This protocol is based in part on criteria published in the Standard Guide for Selection of Environmental Noise
Measurements and Criteria. and the Public Service Com 1 mission of Wisconsin publication Measurement Protocol
for Sound and Vibration Assessment of Proposed and Existing Electric Power Plants (February 2002).2 The
purpose is to first establish a consistent and scientifically sound procedure for estimating existing ambient sound
and vibration levels in a project area, and second to determine the likely impact that operation of a new wind
energy conversion system project will have on the existing sound and vibration environment.
The characteristics of the proposed WECS project and the features of the surrounding environment will influence
the design of the sound and vibration study. Site layout, types of wind energy conversion units (WECU) selected,
and the existence of the significant local sound and vibration sources and sensitive receptors should be taken into
consideration when designing a sound and vibration study. It will be necessary to have a qualified consultant
conduct the sound and vibration study.
Note: Consult with the Town of Carlton Zoning Administrator prior to conducting any sound and vibration
measurements.
These guidelines are meant to be general in nature and may need to be modified (with approval of the Town
Board) to accommodate unique site characteristics. Consult with Town of Carlton Zoning Administrtor for
guidance on study design before you begin the sound and vibration study. During consultation, good quality maps
or diagrams of the site will be necessary. Maps and diagrams should show the proposed project area layout and
boundaries5, and identify important landscape features as well as significant local sound and vibration sources
and sensitive receptors.
Measurement of the Existing Sound and Vibration Environment
An assessment of the proposed WECS project areas existing sound and vibration environment is necessary in
order to predict the likely impact resulting from a proposed project. The following guidelines must be used in
developing a reasonable estimate of an area’s existing sound and vibration environment. All testing is to be
performed by an acoustical testing engineer approved by theTown of Carlton Zoning Administrator. All
measurements are to be conducted with industry certified testing equipment4. All test results must be reported to
the Town of Carlton Zoning Administrator.
Sites with No Existing W ind Energy Conversion Units:
Sound level measurements shall be taken as follows:
At all properties within the proposed WECS project boundaries5.
At all properties within a one mile radius of the proposed WECS project boundaries5.
One test must be performed during each season of the year as follows:.
Spring: March 15 – May 15
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Summer: June 1 – September 1
Fall: September 15- November 15
Winter: December 1- March 1
All measurement points (MPs) shall be located in consultation with the property owner(s) and such that no
significant obstruction (building, trees, etc.) blocks sound and vibration from the site.
Duration of measurements shall be a minimum of ten continuous minutes for each criterion (See Item C below)
at each location.
One set of measurements shall be taken during each of the following four periods:
Morning: 6 a.m. - 8 a.m.
Midday: 12 noon – 2 p.m.
Evening: 6 p.m.– 8 p.m.
Night: 10 p.m. – 12 midnight
Sound level measurements must be made on a weekday of a non-holiday week.
Measurements must be taken at 6 feet above the ground and at least 15 feet from any reflective surface3.
For each MP and for each measurement period, provide each of the following measurement criteria:
Unweighted octave-band analysis (162, 31.5, 63, 125, 250, 500, 1K, 2K, 4K, and 8K Hz)
Lave, L10, L50, and L90, in dBA
Lave, L10, L50, and L90, in dBC
A narrative description of any intermittent sounds registered during each measurement.
Wind speed at time of measurement.
Wind direction at time of measurement.
Description of the weather conditions during the measurement.
Provide a map and/or diagram clearly showing:
The layout of the project area, including topography, the project boundary lines5, and property lines.
The locations of the MPs.
The minimum and maximum distance between any MPs.
The location of significant local sound and vibration sources.
The distance between all MPs and significant local sound and vibration sources.
The location of all sensitive receptors including but not limited to:
Schools
Day-care centers
Hospitals
Residences
Residential neighborhoods
Places of worship
Elderly care facilities.
Sites with Existing W ind Energy Conversion Units:
Two complete sets of sound level measurements must be taken as defined below:
One set of measurements with the wind generator(s) off.
One set of measurements with the wind generator(s) running.
Sound level measurements shall be taken as follows:
At all properties within the proposed WECS project boundaries5
At all properties within a one mile radius of the proposed WECS project boundaries5.
One test must be performed during each season of the year as follows:
Spring: March 15 – May 15
Summer: June 1 – September 1
Fall: September 15- November 15
Winter:December 1- March 1
All measurement points (MPs) shall be located in consultation with the property owner(s) and such that no
significant obstruction (building, trees, etc.) blocks sound and vibration from the site.
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Duration of measurements shall be a minimum of ten continuous minutes for each criterion (See Item D below)
at each location.
Measurements shall be taken during each of the following four periods:
Morning: 6 a.m. - 8 a.m.
Midday: 12 noon – 2 p.m.
Evening: 6 a.m. – 8 p.m.
Night: 10 p.m. – 12 midnight
Sound level measurements must be made on a weekday of a non-holiday week.
Measurements must be taken at 6 feet above the ground and at least 15 feet from any reflective surface3.
For each MP and for each measurement period, provide each of the following measurement criteria:
Unweighted octave-band analysis (164, 31.5, 63, 125, 250, 500, 1K, 2K, 4K, and 8K Hz)
Lave, L10, L50, and L90, in dBA
Lave, L10, L50, and L90, in dBC
A narrative description of any intermittent sounds registered during each measurement.
Wind speed at time of measurement.
Wind direction at time of measurement.
Description of the weather conditions during the measurement.
Provide a map and/or diagram clearly showing:
The layout of the project area, including topography, the project boundary lines5, and property lines.
The locations of the MPs.
The minimum and maximum distance between any MPs.
The location of significant local sound and vibration sources.
The distance between all MPs and significant local sound and vibration sources.
The location of all sensitive receptors including but not limited to:
Schools
Day-care centers
Hospitals
Residences
Residential neighborhoods
Places of worship
Elderly care facilities.
Sound level Estimate for Proposed Wind Energy Conversion System:
In order to estimate the sound and vibration impact of the proposed WECS project on the existing environment an
estimate of the sound and vibration produced by the proposed WECU(s) must be provided.
Provide the manufacturer’s sound level characteristics for the proposed WECU(s) operating at full load.
Include an unweighted octave-band (164, 31.5, 63, 125, 250, 500, 1K, 2K, 4K, and 8K Hz) analysis for the
WECU(s) at full operation for distances of 500, 1000, 1500, 2000, 2500 feet from the WECU(s).
Estimate the sound levels for the proposed WECU(s) in dBA and dBC at distances of 500, 1000, 1500, 2000,
2500 feet from the WECU(s). For projects with multiple WECUs, the combined sound level impact for all WECU’s
operating at full load must be estimated.
Provide a contour map of the expected sound level from the new WECU(s), using 5dBA increments created by the
proposed WECU(s) extending out to a distance of 2500 feet.
Determine the impact of the new sound and vibration source on the existing environment. For each MP used in
the ambient study (note the sensitive receptor MPs):
Report expected changes to existing sound levels for Lave, L10, L50, and L90, in dBA .
Report expected changes to existing sound levels for Lave, L10, L50, and L90, in dBC .
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Report all assumptions made in arriving at the estimate of impact and any conclusions reached regarding the
potential effects on people living near the project area.
Include an estimate of the number of hours of operation expected from the proposed WECU(s) and under what
conditions the WECU(s) would be expected to run.
Post-Construction Measurements:
Within twelve months of the date when the project is fully operational, and within two weeks of the anniversary
date of the Pre-construction ambient noise measurements, repeat the existing sound and vibration environment
measurements taken before the project approval. Post-construction sound level measurements shall be taken
both with all WECU(s) running and with all WECU(s) off.
Report post-construction measurements to the Town of Carlton Zoning Administrator, available for public review,
using the same format as used for the Pre-approval sound and vibration studies.
Standard Guide for Selection of Environmental Noise Measurements and Criteria 1 (Designation E 1686-96). July
1996. American Society for Testing and Measurements.
2 Measurement Protocol for Sound and Vibration Assessment of Proposed and Existing Electric Power Plants.
February 2002. Public Service Commission of Wisconsin.
3 Environmental Noise Guidelines: Wind Farms. (ISBN 1 876562 43 9). February 2003. Environment Protection
Authority, Adelaide SA.
4 The Public Service Commission of Wisconsin Staff acknowledges that few sound level meters are capable of
measurement of the 16 Hz center frequency octave band. However, because noise complaints from the public
most likely involve low frequency noise associate with proposed WECS [power plants], we encourage applicants
to pursue the collection of this important ambient noise data. If obtaining the 16 Hz data presents a problem
contact PSCW Staff prior to collection of any field ambient measurement data.
5 Project Boundary: A continuous line encompassing all WECU’s and related equipment associated with the
WECS project.
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Appendix B
Complaint and Resolution Procedure:
Everyone involved with any phase of the WECS is responsible for ensuring an expeditious and equitable
resolution of all complaints. It is therefore necessary to establish a uniform method for documenting and handling
complaints related to the WECS project. As a part of the application (section 3.2), the applicant shall submit to the
Town of Carlton Zoning Administrator the procedures to be used to receive and respond to complaints regarding
wind energy conversion systems (WECS) and related facilities.
Definitions:
Complaint: A written, signed, and dated statement presented by a person expressing dissatisfaction, resentment,
or discontent as a direct result of the WECS and related facilities. Complaints do not include requests, inquiries,
questions, or general comments.
Substantial complaint: A complaint, if substantiated. could result in permit modification, suspension, or cessation
of WECS operation pursuant to the applicable provisions of this Ordinance. Substantial complaints shall include
health and/or safety concerns, or identification of violation(s) of the WECS CUP.
Person or Complainant: An individual, partnership, joint venture, private or public corporation, association, firm,
public service company, cooperative, political subdivision, municipal corporation, government agency, public utility
district, or any other entity, public or private, however organized.
Requirements:
The applicant/owner/operator shall report to the Town of Carlton Zoning Administrator all complaints received
concerning any part of the WECS construction or operation in accordance with the following:
1. Complaints received by the applicant/owner/operator concerning the WECS CUP for site preparation,
construction, operation, cleanup and restoration, and status of the resolution of such complaints shall be reported
to the Town of Carlton Zoning Administrator in a uniform and timely manner (within 5 business days). All
substantial complaints shall be reported the same day received or on the following working day for complaints
received after working hours. Such reports are to be directed to the Town of Carlton Zoning Administrator.
2. The reporting shall encompass a description of the complaint(s) and the frequency of similar complaints.
3. The applicant/owner/operator shall document all complaints by maintaining a record of all applicable
information concerning the complaint, including the following:
a. Name of the applicant and WECS project.
b. Name of complainant, address, and phone number.
c. Precise property description or tract numbers (where applicable).
d. Nature of complaint.
e. Weather conditions related to the complaint (if applicable).
f. Response given.
g. Name of person receiving complaint and date of receipt.
h. Name of person reporting complaint to the Town of Carlton Zoning Administrator,
and phone number.
i. Complaint resolution and date.
4. The applicant/owner/operator shall assign an individual to summarize complaints for transmittal to the Town
of Carlton Zoning Administrator.
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5. All substantial complaints shall be investigated on site and the complainant shall be invited to attend any
such investigations.
6. The procedures shall be used for all complaints received by the applicant/owner/operator.
Complaints received by the Town of Carlton Zoning Administrator:
Copies of complaints received directly from aggrieved persons regarding site preparation, construction, operation,
maintenance, cleanup and restoration, shall be promptly sent to the Applicant.
Complaint Resolution Certification:
The Town of Carlton Zoning Administrator or her/his designee(s) shall certify in writing to all parties involved the
complaint resolution. In the absence of a mutually acceptable resolution, it shall be the authority of the Town of
Carlton Zoning Administrator or his/her designee(s) to resolve the complaint or take action as authorized per
Section 1.10 of this ordinance.
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