| |
| A township enacts stringent controls to curtail further development To remedy the mistakes made with its first two Wind Energy developments, Lincoln Township, Wis., ordered a moratorium on potential projects until its committee members could establish better construction guidelines. The following is the new (abridged) conditional use permit. Conditional Use Permit Changes from the original: W/I C.U.P. 1. Insurance. Town named as additional insured and Town is held harmless in any litigation against MGE. 2. Hearing fees. MGE reimburses Town for legal notices, meeting fees and attorney fees. 3. Blasting and protection of wells. MGE will correct any well water quality or silting problems for any well within the Town caused by blasting during construction. MGE will pay for independent testing of wells within 1 mile of project for flow rate and water quality. MGE must pay for remediation and fix problems within 30 days of complaints. 4. Notice of blasting. 48-hour notification. 5. TV reception. MGE will pay for testing of television reception prior to construction and will pay to correct TV reception for landowners with degradation of TV signals. 6. Noise. Noise shall not exceed 40 dBA, though 35 dBA is recommended, unless there is written consent from affected property owners. A permanent noise impact easement will be recorded in the Office of the Kewaunee County Register of Deeds, describing the benefited and burdened properties and advises all subsequent owner of the burdened property of the noise levels. 7. Clean up. All waste will be removed on a daily basis. 8. Site maintenance. MGE is responsible for snow removal, rodent control, weed control and dust control to keep the property in compliance with state, county and town requirements. 9. Safety during construction and repair. MGE shall perform construction and repair work in accordance with health and safety laws. MGE shall also pay emergency service costs or special emergency training. 10. Impact Fee. MGE will provide an annual impact fee to address any future adverse impact the project may have upon the Town and its residents. 11. Tower removal. The turbines and all related aboveground improvements shall be removed within 120 days after the date the generators reach the end of their useful lives, the date the turbines are abandoned, the termination of the landowner lease, or revocation of this permit. The property shall be restored below and above ground level. 12. Tourism and signs. MGE will not promote the project as a tourist destination and will not provide bus or tourist parking. MGE will not provide any media or other advertising or promotional signs, either located at the project or elsewhere, advertising or promoting the project as a tourist destination. 13 Trees and structures. Only with landowner consent will MGE cut or remove any trees, structures, buildings or other personal property on land outside an area that extends 360 degrees from the base of the turbines. MGE will not prevent landowners from planting new trees or construction buildings outside such area. 14. Access roads. MGE shall install locked gates to turbine access roads. 15. Road damage. MGE shall reimburse the Town for repairs to Town roads resulting from the project. 16. Assignability. The rights granted by this Permit are not assignable and transferable without consent of the Town Planning and Zoning Committee, except MGE's merger or consolidation with another public utility. 17. Modification. No provision, term or condition of this Permit may be modified except upon written application by MGE and after public notice and hearing, and that includes increasing the number of turbines. 18. Repair and replacement. MGE shall repair and replace turbines as needed, however repair and replacement will not entitle MGE to extension of the term of the permit, 30 years. 19. Future Development of wind turbines. Unless MGE obtains the prior consent to the Town Planning and Zoning committee, MGE shall not apply fan any additional conditional use permits for the purpose of siting turbines for two years, giving the Town opportunity to consider and implement a specific ordinance to address issues raised by similar projects. 20. Periodic review. Every five years, the Town may set this permit for hearing by the Town's Planning and Zoning Committee, for the purpose of determining whether MGE has complied with the Permit and whether the project has had any unforeseen marital adverse impacts upon the Town, not addressed at the time of issuance of this permit. Any condition modified or added pursuant to such review shall be of the same force and effect as if originally imposed. MGE shall, upon the Town's request, send a representative at least once a year to report of the operating status of the project and to receive questions and comments from the Town Board and Town residents relating to the Project. 21. Reporting. MGE shall submit an annual written report that will include a summary of relevant information, including energy production, maintenance activities and safety issues. MGE shall further report extraordinary events (such as tower collapse, turbine failure, unauthorized entry to the tower bases, thrown blades or hubs, any injuries, kills of threatened or endangered species, an unexpectedly large umber of dead birds or bats of any variety) within 24 hours. MGE shall also report all complaints concerning any part of the project. 22. Proprietary information. MGE shall be entitled to obtain confidential treatment of protected information under Wisconsin law. 23. Field representative and site manager. MGE hereby designates a field representative as a the contact person for the Town during the construction phase and will designate someone as a site manager post-construction. 24. Default and enforcement. If MGE a) abandons the turbines, b) fails to observe or perform any condition of this permit after 30 days of written notice, or c) there is material failure by MGE to comply with any state, regulation, rule or permit administered by any federal, state, or county department after 30 days of written notice, the Town will consider this a violation of the permit and grounds for revocation. MGE will be given a hearing and the right to respond. 25. Penalties. Any violation that has not been cured within the given periods, will give the Town the right to impose a per diem civil forfeiture for each day of violation. 26. Notices. Except for notices for blasting and extraordinary events, which may be handled expeditiously, notices shall be put forth in writing. 27. Notices to contractors. MGE shall provide a copy of this permit to its general contractors and subcontractors. 28. Miscellaneous legal matters. This permit a) shall not affect the title of the property where the facilities are located, b) does not release MGE from any liability, c) does not release MGE from compliance with other regulations, d) does not attest to the structural stability of the turbines, e) does not imply that the Town assumes any liability and f) shall not prevent the town from levying taxes and fees if authorized by law. 29. Setbacks. MGE shall comply with the provisions concerning setbacks in the Town's zoning ordinance, including a requirement that the turbines will not be located less than the height of the towers (including maximum height of the blades) from the edge of any roads. Read why Lincoln Township is enforcing stricter controls.
noise log |more resources |scenic photos |eyesore photos | |
