A. Intent. It is intended that conditional use permits shall be issued under this Section to promote the effective and efficient use of solar energy and to review proposed solar energy systems and regulate solar energy systems so that the public health and safety will not be jeopardized.
B. Authority; Adoption of State Law. This Section is enacted pursuant to the authority granted in Wis. Stat. s. 66.0401, as amended from time to time, which is adopted herein. This section is not intended to be more restrictive than said authority, and in the event of a conflict, the statutory provisions supersede the provisions of this Section. In the event of a conflict between this Section and other provisions of this Chapter, the provisions of the statutes and this Section supersede the balance of the Chapter.
C. Regulation and Applicability.
1. Regulation. Except as provided in subsection 2., an owner must apply for and receive a conditional use permit prior to the construction of a solar energy system or the expansion of an existing or previously approved solar energy system.
2. Applicability. This Section applies to solar energy systems for which a permit is applied for on or after the date of the enactment of this Section, except:
a. Subject to subsection c., free standing passive solar energy systems that meet all of the site regulations, inclusive of setback and height requirements, for primary or accessory structures (as applicable) in the zoning districts in which they are located.
b. Subject to subsection c., roof or wall mount solar energy systems located on buildings that meet all of the site regulations, inclusive of setback and height requirements, for the zoning districts in which they are located.
c. Subsections a. and b. do not apply to free standing passive solar energy systems located in the front or side yards of Historic Structures or structures located in the Historic Preservation Overlay District, or solar energy systems installed on the front elevation of Historic Structures or structures located in the Historic Preservation Overlay District. Such systems shall be submitted to the Historic Preservation Committee for review, comment and recommendation to the Plan Commission, and shall require conditional use permits. Notwithstanding the provisions of Chapter 38, Historic Preservation, a Certificate of Appropriateness is not required for solar energy systems.
D. Definitions. In this Section:
“Active solar energy system” means a solar energy system which operates with mechanical means, including but not limited to motors, pumps and valves.
“Passive solar energy system” means a solar energy system which operates without mechanical means.
“Photovoltaic solar energy system” means a solar energy system which converts solar energy directly into electricity.
“Solar energy” means radiant energy received from the sun.
“Solar energy system” means equipment which directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy.
“Solar farm” means a collection of photovoltaic solar energy panels that together have a total capacity to generate more than 300 kilowatts of electricity.
E. Siting Criteria.
1. Type of Use. A solar energy system may be a primary use or an accessory use. The siting provisions set forth in this Section apply to the system regardless of the type of use and supersede the setback distances and height provisions of the underlying zoning district.
2. Location. A solar energy system may be located in any zoning district where it is not otherwise barred by federal or state law or an ordinance adopted in conformance with that law.
3. Setback Distance and Height Requirements. Solar energy systems regulated under this Section shall meet the setback and height provisions determined by the Plan Commission on a case by case basis.
F. Application and Notice Procedures.
1. It is recommended, but not required, that the applicant meet with the Zoning Administrator and Building Inspector prior to submitting an application for a solar energy system to discuss filing requirements, application formats, timelines, permits from outside agencies, the handling of confidential information, and fees.
2. Application Required. An owner shall file an application to construct a solar energy system regulated under this Section in conformance with this section. The owner shall ensure that the information contained in the application is accurate, and shall file the number of paper and electronic copies required by the Village for review and for availability to the public. The application shall include all of the following:
a. Solar energy system description and maps showing the locations of all proposed solar energy facilities.
b. Manufacturer’s brochures and all plans and specifications of the solar energy system.
c. Timeline and process for constructing the solar energy system.
d. Information regarding anticipated impact of the solar energy system on local infrastructure.
e. Information regarding noise anticipated to be attributable to the solar energy system.
f. Information regarding the extent to which shadows would be created on adjacent and neighboring properties or sunlight would be blocked by the proposed solar energy system.
g. Information regarding the extent of glare on adjacent and neighboring properties.
h. Information regarding the anticipated effects of the solar energy system on airports and airspace.
i. A list of all state and federal permits required to construct and operate the solar energy system.
j. For solar farms, information regarding the planned use and modification of roads within the Village during the construction, operation, and decommissioning of the solar energy system, including a process for assessing road damage caused by solar energy system activities and for conducting road repairs at the owner's expense.
k. For solar farms, a decommissioning and site restoration plan providing reasonable assurances that the owner will be financially able to remove the solar energy system and restore the site.
l. Potential shared revenue and community benefits set forth in Wis. Stat. ch. 79.
m. Any other information necessary to understand the construction, operation or decommissioning of the proposed solar energy system.
3. Notice and Hearing. The provisions for notice and hearing set forth under s. 35-100, Conditional Use, shall apply.
G. Application Completeness and Time Limits.
1. An application is complete if it meets the filing requirements under this Section.
2. The Village shall determine the completeness of an application, and shall notify the owner in writing of the completeness determination, no later than 45 days after the day the application is filed. An application is considered filed the day the owner notifies the Village in writing that all the application materials have been filed. If the Village determines that the application is incomplete, the notice provided to the owner shall state the reasons for the determination.
3. An owner may file a supplement to an application that the Village has determined to be incomplete. There is no limit to the number of times that an owner may re-file an application. For incomplete applications, the owner shall provide additional information as specified in the notice under subsection 2.
4. An additional 45-day completeness review period shall begin the day after the Village receives responses to all items identified in the notice under subsection 2.
5. If the Village does not make a completeness determination within the applicable review period, the application is considered to be complete.
6. Requests for additional information. The Village may request additional information necessary to understand the solar energy system after determining that an application is complete. An owner shall provide additional information in response to all reasonable requests. An owner shall respond to all inquiries made subsequent to a determination of completeness in a timely, complete, and accurate manner.
H. Village Review and Approval of a Solar Energy System.
1. Standard for Approval. The Village shall review each proposed system on a case by case basis, and may not unreasonably deny an application for a solar energy system or impose unreasonable conditions, provided, however, that the Village may impose the following conditions and restrictions on approval of solar energy systems, inclusive of systems located on Historic Structures and in the Historic Preservation Overlay District:
a. The Village may impose a restriction that serves to preserve or protect the public health and safety.
b. The Village may impose a restriction that does not significantly increase the cost of a system or significantly decrease its efficiency.
c. The Village may impose a restriction that allows for an alternative system of comparable cost and efficiency.
2. Written Decision.
a. The Village shall issue a written decision to grant or deny an application for a solar energy system. The written decision shall include findings of fact supported by evidence in the record. If an application is denied, the decision shall specify the reason for the denial. Approval is subject to the conditions set forth in this Section.
b. The Village shall provide its written decision to the owner. If the Village approves an application for a solar energy system, the Village shall provide the owner with a duplicate original of the decision. The owner shall record the duplicate original of a decision approving an application with the register of deeds for Racine County
3. Effect of ownership change on approval. Approval by the Village of a solar energy system remains in effect if there is a change in the owner of the solar energy system. An owner shall provide timely notice of any change in the owner of the solar energy system to the Village.
4. Fees.
a. The owner shall pay the fee adopted by the Village Board and set forth in the Fee Schedule. The fee shall consist of a reasonable application fee and a requirement that the owner reimburse the Village for reasonable expenses relating to the review and processing of the application for a solar energy system. The fee and reimbursement requirement shall be based on the actual and necessary cost of the review of the solar energy system application, and may include the cost of services necessary to review an application that are provided by outside engineers, attorneys, planners, environmental specialists, and other consultants or experts. The Village may by ordinance set standardized application fees based on the size and complexity of a proposed solar energy system.
b. The Village may require the owner of a solar energy system to submit up to 50 percent of the total estimated amount of the estimated reimbursement for the solar energy system application review under subsection a. before issuing a written decision under subsection 2 if the Village gives written notice to the owner of its intent to do so within ten days of the date the application is deemed complete and the notice contains an estimate of the amount of the fee and the relevant reimbursement requirements.
c. The Village may not charge an owner an annual fee or other recurring fees to operate or maintain a solar energy system.
I. Record of Decision.
1. Recordkeeping.
a. The Village shall keep a complete written record of its decision-making relating to an application for a solar energy system.
b. If the Village denies an application, the Village shall keep the record for at least 7 years following the year in which it issues the decision.
c. If the Village approves an application, the Village shall keep the record for at least 7 years after the year in which the solar energy system is decommissioned.
2. Record Contents. The record of a decision shall include:
a. The approved application and all additions or amendments to the application.
b. A copy of any notice or correspondence that the Village issues related to the application.
c. A record of any public meeting and any hearing related to the application. The record may be an electronic recording, a transcript prepared from an electronic recording, or a transcript prepared by a court reporter or stenographer. The record shall include any documents or evidence submitted by meeting or hearing participants.
d. Copies of any correspondence or evidentiary material that the Village considered in relation to the application, including copies of all written public comments filed with the Village.
e. Minutes of any Village Board, Plan Commission or other committee meetings held to consider or act on the application.
f. A copy of the written decision.
g. Other materials that the Village prepared to document its decision-making process.
h. A copy of any Village ordinance cited in or applicable to the decision.
3. Post-construction Filing Requirement. Within 90 days of the date a solar farm commences operation, the owner shall file with the Village an as-built description of the solar farm, an accurate map of the solar farm showing the location of all solar energy system facilities, geographic information system information showing the location of all solar energy system facilities and current information identifying the owner of the solar farm.
J. Modifications to an Approved Solar Energy System.
1. Material Change.
a. An owner may not make a material change in the approved design, location or construction of a solar energy system without the prior written approval of the Village.
b. An owner shall submit an application for a material change to an approved solar energy system to the Village.
2. Review Limited.
a. When the Village receives an application for a material change to a solar energy system under subsection 1.b., it may not reopen the merits of the earlier approval but shall consider only those issues relevant to the proposed change.
b. An application for a material change shall contain information necessary to understand the material change.
c. The Village may hold at least one public meeting to obtain comments on and to inform the public about a proposed material change to an approved solar energy system.
K. Monitoring Compliance of Solar Farms.
1. Monitoring Procedure. The Village may establish a procedure to monitor compliance by the owner with any condition on an approved solar farm or to assess when solar farm facilities are not maintained in good repair and operating condition. The procedure may include timelines, provide for payment of reasonable fees for conducting an assessment, and provide for notification to the public.
2. Third-party Inspector during Construction. The Village may require an owner to pay a reasonable fee for a third-party inspector to monitor and report to the Village regarding the owner's compliance with permit requirements during construction of a solar farm. An inspector monitoring compliance under this subsection shall also report to a state permitting authority upon the state permitting authority's request.
L. Complaint Process.
1. Making a Complaint.
a. An aggrieved person may make a complaint regarding failure by an owner to comply with an obligation under this Section.
b. A complaint under subsection a. shall be made first to the owner of the solar energy system pursuant to a complaint resolution process developed by the owner.
c. A complainant may petition the Village for review of a complaint that is not resolved within 45 days of the day the owner receives the original complaint.
2. Complaint Resolution.
a. An owner shall use reasonable efforts to resolve complaints regarding a solar energy system and shall investigate complaints regarding a solar energy system at the owner's expense.
b. For Solar Farms:
(1) Within 30 days of receiving a complaint, an owner shall provide an initial response to the complainant.
(2) An owner shall make a good faith effort to resolve complaints within 45 days of receiving a complaint. An owner shall notify the Village of complaints that have not been resolved within 45 days of the date the owner received the original complaint.
(3) An owner shall maintain a log of all complaints received regarding the solar farm. The owner shall include in the log the name and address of each complainant, the nature of each complaint, and the steps taken to resolve each complaint. An owner shall make any complaint log available to the Village upon request.
(4) An owner shall develop a complaint resolution process that is consistent with this subsection.
3. Monitoring Committee for Solar Farms.
a. Committee. Except as provided in subsection c., the Village may establish a monitoring committee to oversee resolution of complaints regarding a solar farm.
b. Duties. A monitoring committee established under subsection a. may do any of the following:
(1) Maintain a record of all complaints brought to it.
(2) Require the owner to provide the committee with information regarding the owner's response to any complaint forwarded to the owner by the committee.
(3) Recommend to the Village a reasonable resolution to a complaint based upon the information gathered by the committee.