Sawyer County Zoning Committee Meeting — Agenda Packet

1 Sawyer County Zoning Committee Meeting Friday, March 20, 2026 @ 8:30 AM Sawyer County Board Room AGENDA 1. ZOOM INFORMATION (AGENDA AMENDED 7:20AM 3/19/26) a. To view or participate in the virtual meeting from a computer, iPad, or Android device please go to https://zoom.us/j/99413118485. You can also use the dial in number for listening only at 1-312-626-6799 with the Webinar ID: 994 1311 8485. If additional assistance is needed, please contact the Zoning & Conservation Department at 715-634-8288 prior to the meeting. 2. PRELIMINARY MATTERS a. Roll Call b. Pledge of Allegiance c. State of Committee and Hearing Procedure & Statement of Hearing Notice d. Approval of Previous Meeting Minutes e. Public Comment Please note comment time is intended for general public comments, not comments relating to a specific application before this Committee. Each Agenda item requiring a public hearing will have its public hearing conducted just prior to the application being considered by this Committee. If you wish to speak on a specific Agenda item, we encourage you to hold your comments until that specific public hearing. Comments should be directed to the Committee as a whole and should not be directed to individual Committee Members or Staff. 3. REZONE APPLICATIONS a. A Public Hearing in the Town of Round Lake. RZN #26-006, Owners: James Sokup & Sydney Ringheim. Part of Government Lot 3, Lot 1 CSM 34-12 #8081. S19, T41N, R07W; Parcel #024-741-19-5335; Tax ID #44319; 5.28 total acres; Zoned Agricultural One (A-1) & Residential/Recreational 1 (RR-1). Purpose of request is to rezone approximately 3.49 acres of the Agricultural One (A-1) to Residential/Recreational One (RR-1) to conform the parcel to all Residential/Recreational One (RR-1). b. Discussion/Action in the Town of Round Lake. RZN #26-006, Owners: James Sokup & Sydney Ringheim. Part of Government Lot 3, Lot 1 CSM 34-12 #8081. S19, T41N, R07W; Parcel #024-741-19-5335; Tax ID #44319; 5.28 total acres; Zoned Agricultural One (A-1) & Residential/Recreational 1 (RR-1). Purpose of Page 1 of 96 2 request is to rezone approximately 3.49 acres of the Agricultural One (A-1) to Residential/Recreational One (RR-1) to conform the parcel to all Residential/Recreational One (RR-1). 4. CONDITIONAL USE APPLICATIONS a. A Public Hearing in the Town of Radisson. CUP #26-007. Owners: Eugene & Vicky Jo Hockensmith. Part of the SW ¼ of the SE ¼; S20, T58M, R07W; Parcel #022-738-20-4304, Tax ID #22631; 10.0 total acres; Zoned Agricultural One (A-1). Permit desired for a 12’ x 24’ wood shed as per Sawyer County Code of Ordinance-Appendix D-Section 4.36 (1) with mandatory conditions required. b. Discussion/Action in the Town of Radisson. CUP #26-007. Owners: Eugene & Vicky Jo Hockensmith. Part of the SW ¼ of the SE ¼; S20, T58M, R07W; Parcel #022-738-20-4304, Tax ID #22631; 10.0 total acres; Zoned Agricultural One (A-1). Permit desired for a 12’ x 24’ wood shed as per Sawyer County Code of Ordinance-Appendix D-Section 4.36 (1) with mandatory conditions required. c. A Public Hearing in the Town of Round Lake. CUP #26-008. Owner: Matt Iverson. Part of the NE ¼ of the SE ¼, Lot 1 CSM 32/250 #7893; S18, T41N, R07W; Parcel #024-741-18-4109; Tax ID #41522; 11.78 total acres; Zoned Forestry One (F-1). Permit desired for a 30’ x 25’ detached garage, 21’ in height, as per Sawyer County Code of Ordinance-Appendix D-Section 4.26 (1) with mandatory conditions required. d. Discussion/Action in the Town of Round Lake. CUP #26-008. Owner: Matt Iverson. Part of the NE ¼ of the SE ¼, Lot 1 CSM 32/250 #7893; S18, T41N, R07W; Parcel #024-741-18-4109; Tax ID #41522; 11.78 total acres; Zoned Forestry One (F-1). Permit desired for a 30’ x 25’ detached garage, 21’ in height, as per Sawyer County Code of Ordinance-Appendix D-Section 4.26 (1) with mandatory conditions required. e. A Public Hearing in the Town of Winter. CUP #26-009, Brian & Kristine Fenner. Part of Government Lot 1, Lot 3 CSM 8/7 #1569; S28, T40N, R05W; Parcel #032- 540-28-5121; Tax ID #32603, 5.0 total acres, Zoned Residential/Recreational One (RR-1). Permit desired for a 40’ x 30’ accessory structure, 18’ in height, across a Town Road (Hunter Lake Road) from the primary dwelling as per Sawyer County Code of Ordinance Section 4.26 (2) with mandatory conditions required. f. Discussion/Action in the Town of Winter. CUP #26-009, Brian & Kristine Fenner. Part of Government Lot 1, Lot 3 CSM 8/7 #1569; S28, T40N, R05W; Parcel #032- 540-28-5121; Tax ID #32603, 5.0 total acres, Zoned Residential/Recreational One (RR-1). Permit desired for a 40’ x 30’ accessory structure, 18’ in height, across a Town Road (Hunter Lake Road) from the primary dwelling as per Sawyer County Code of Ordinance Section 4.26 (2) with mandatory conditions required. 5. PLAT REVIEW a. a) Rumsey Family Trust and DeYoung’s. Certified Survey Map review, changing Page 2 of 96 3 lot lines outside existing County Plat boundary. This requires Zoning Committee acceptance, conditional acceptance or rejection. Property located at 11148N Linden Road as part of the “Round Lake Retreat” Subdivision. Discussion/Action. 6. PRELIMINARY PLAT REVIEW a. A Public Hearing in the Town of Winter. This is for” Fishtrap Lake Plat” Preliminary Subdivision Plat. Owner: Secluded Land Company LLC. NE ¼ of the SE ¼; S14, T40 N, R5W; being all of E ½ of the NE ¼ of the SE ¼; S14, T40N, R05W; Parcel #032-540-14-4101; Tax ID #35915; 20.419 total acres; Zoned Residential/Recreational One (RR-1) and the W1/2 of the NE ¼ of the SE ¼; S14, T40N, R05W; Parcel #032-540-14-4102; Tax ID #35916; 20.266 total acres; Zoned Residential/Recreational One (RR-1). Fishtrap Lake Plat is proposed for (6) Lots (40.685) total acre parcel. This requires Zoning Committee acceptance, conditional acceptance or rejection. Please call or stop in the Zoning Office for more information. 7. NEW BUSINESS a. Solar Ordinance-draft proposal. (Discussion/possible action to send to Towns). b. Approval of Zoning Ordinance rewrite bid proposal (Discussion/Action to approve bid). c. Any other business that may come before the Committee for discussion. 8. ADJOURNMENT Page 3 of 96 4 SAWYER COUNTY ZONING COMMITTEE STATEMENT OF COMMITTEE HEARING AND PROCEDURE AND STATEMENT OF HEARING NOTICE This Sawyer County Zoning Committee ("Zoning Committee") meeting is being held this day and will be called tS order at approximately 8:30 a.m. in the Sawyer County Courthouse, 10610 Main Street, Hayward, Wisconsin. This Statement of Committee Hearing and Procedure and Statement of Hearing Notice is for the public's reference and supplements on the statements on the record under Agenda Item No. 1, "Preliminary Matters." This Statement of Committee Hearing and Procedure and Statement of Hearing Notice is incorporated into the record of today's Zoning Committee meeting. Nothing in this Statement of Committee Hearing and Procedure and Statement of Hearing Notice modifies or otherwise limits the provisions set forth in the Wisconsin Statutes and other applicable law. Any persons requiring assistance with this may contact the Sawyer County Zoning Administrator or request assistance at the Zoning Committee meeting during public comments. STATEMENT OF COMMITTEE HEARING AND PROCEDURE Individual Public Hearing: Generally, each application requiring a public hearing shall have an individual public hearing conducted just prior to the Agenda item in which the Zoning Committee may take action. Public Hearing Process: Each public hearing conducted at this Zoning Committee meeting will follow this order: (1) presentation of a summary of the petition set forth in the application or request; (2) submission of a file to the Zoning Committee; and (3) the applicant's statements (or the applicant's representative's statements) and presentation of evidence; (4) public testimony by persons desiring to give pertinent testimony (a "Speaker") in support of the application; (5) public testimony by Speakers in objection to the application; and (6) any rebuttal as permitted by the Zoning Committee Chair. Once the Zoning Committee has the pertinent information, the public hearing will be closed and thereafter the Zoning Committee may deliberate, discuss, pose questions to the Sawyer County staff, legal counsel or the applicant, and take action on the application within the Zoning Committee's discretion. Hearing Appearance Slip: For all hearings to be conducted at today's Zoning Committee meeting, any Speaker desiring to give pertinent testimony will be afforded to opportunity to do so. A Speaker must complete a Hearing Appearance Slip, which is provided at this meeting next to the meeting Agenda. After completion, the Speaker shall deliver the Hearing Appearance Slip to the Zoning Committee Chair prior to the commencement of the Zoning Committee meeting. Process and Guidelines for Testimony by Speakers: Prior to speaking, the Speaker must be recognized by the Zoning Committee Chair in order to speak. Once recognized by the Zoning Committee Chair, the Speaker must state their full name and address before Page 4 of 96 5 giving testimony. The Speaker should also state whether the Speaker represents a client, group, or other association, whether the Speaker is in favor or opposes the proposal on which the testimony is being given, and other pertinent information. Speakers should confine their testimony to the facets and matters presented. Speakers should avoid repetitive testimony, and Speakers are encouraged to state that they agree or disagree with other comments to avoid repetitive testimony. A Speaker's testimony will be limited to three (3) minutes, unless additional time is provided for by the Zoning Committee Chair. Orderly procedures require that each Speaker proceeds without interruption by others. All testimony will be addressed to the Zoning Committee and there will be no questions or arguments between individuals. The Zoning Committee is under no obligation to answer questions posed by the Speaker during the public hearing. Applications for Rezoning: On applications for a change in zoning designation of property, the decision of the Zoning Committee is a recommendation to the Sawyer County Board of Supervisors for final determination and action. This provision does not modify or otherwise limit the provisions set forth in Wis. Stat. § 59.69 or any other applicable law. Appeal of Certain Decisions: Any person aggrieved by a decision regarding a conditional use or any other decision in which the County Zoning Committee is the decision making body, a person may commence an action with the Sawyer County Board of Appeals to review the Zoning Committee's decision in whole or in part, within 30 days of the date following the committee's decision letter. This provision does not modify or otherwise limit the provisions set forth in Wis. Stat. § 59.694. STATEMENT OF HEARING NOTICE Each public hearing conducted at this Zoning Committee meeting has been published as a Class 2 notice in accordance with Wisconsin Statutes Ch. 985 in the Sawyer County Record and the Sawyer County Gazette, and publically posted within the Sawyer County Courthouse. QUESTIONS Please contact the Sawyer County Zoning Administrator should you have any questions regarding this Statement of Committee Hearing and Procedure and Statement of Hearing. Page 5 of 96 SAWYER COUNTY ZONING COMMITTEE STATEMENT OF COMMITTEE HEARING AND PROCEDURE AND STATEMENT OF HEARING NOTICE This Sawyer County Zoning Committee ("Zoning Committee") meeting is being held this day and will be called to order at approximately 8:30 a.m. in the Sawyer County Courthouse, 10610 Main Street, Hayward, Wisconsin. This Statement of Committee Hearing and Procedure and Statement of Hearing Notice is for the public's reference and supplements on the statements on the record under Agenda Item No. 1, "Preliminary Matters." This Statement of Committee Hearing and Procedure and Statement of Hearing Notice is incorporated into the record of today's Zoning Committee meeting. Nothing in this Statement of Committee Hearing and Procedure and Statement of Hearing Notice modifies or otherwise limits the provisions set forth in the Wisconsin Statutes and other applicable law. Any persons requiring assistance with this may contact the Sawyer County Zoning Administrator or request assistance at the Zoning Committee meeting during public comments. Statement of Committee Hearing and Procedure Individual Public Hearing: Generally, each application requiring a public hearing shall have an individual public hearing conducted just prior to the Agenda item in which the Zoning Committee may take action. Public Hearing Process: Each public hearing conducted at this Zoning Committee meeting will follow this order: (1) presentation of a summary of the petition set forth in the application or request; (2) submission of a file to the Zoning Committee; and (3) the applicant's statements (or the applicant's representative's statements) and presentation of evidence; (4) public testimony by persons desiring to give pertinent testimony (a "Speaker") in support of the application; (5) public testimony by Speakers in objection to the application; and (6) any rebuttal as permitted by the Zoning Committee Chair. Once the Zoning Committee has the pertinent information, the public hearing will be closed and thereafter the Zoning Committee may deliberate, discuss, pose questions to the Sawyer County staff, legal counsel or the applicant, and take action on the application within the Zoning Committee's discretion. Hearing Appearance Slip: For all hearings to be conducted at today's Zoning Committee meeting, any Speaker desiring to give pertinent testimony will be afforded to opportunity to do so. A Speaker must complete a Hearing Appearance Slip, which is provided at this meeting next to the meeting Agenda. After completion, the Speaker shall deliver the Hearing Appearance Slip to the Zoning Committee Chair prior to the commencement of the Zoning Committee meeting. Process and Guidelines for Testimony by Speakers: Prior to speaking, the Speaker must be recognized by the Zoning Committee Chair in order to speak. Once recognized by the Zoning Committee Chair, the Speaker must state their full name and address before giving testimony. The Speaker should also state whether the Speaker represents a client, group, or other association, whether the Speaker is in favor or opposes the proposal on which the testimony is being given, and other pertinent information. Speakers should confine their testimony to the faets and matters presented. Speakers should avoid repetitive testimony, and Speakers are encouraged to state that they agree or disagree with other comments to avoid repetitive testimony. A Speaker's testimony will be limited to three (3) minutes, unless additional time is provided for by the Zoning Committee Chair. Orderly procedures require that each Speaker proceeds without interruption by others. All testimony will be addressed to the Zoning Committee and there will be no questions or arguments between individuals. The Zoning Committee is under no obligation to answer questions posed by the Speaker during the public hearing. lof2 Page 6 of 96 Applications for Rezoning: On applications for a change in zoning designation of property, the decision of the Zoning Committee is a recommendation to the Sawyer County Board of Supervisors for final determination and action. This provision does not modify or otherwise limit the provisions set forth in Wis. Stat. § 59.69 or any other applicable law. Appeal of Certain Decisions: Any person aggrieved by a decision regarding a conditional use or any other decision in which the County Zoning Committee is the decision making body, a person may commence an action with the Sawyer County Board of Appeals to review the Zoning Committee's decision in whole or in part, within 30 days of the date following the committee's decision letter. This provision does not modify or otherwise limit the provisions set forth in Wis. Stat. § 59.694. Statement of Hearing Notice Each public hearing conducted at this Zoning Committee meeting has been published as a Class 2 notice in accordance with Wisconsin Statutes Ch. 985 in the Sawyer County Record and the Sawyer County Gazette, and publically posted within the Sawyer County Courthouse. Questions Please contact the Sawyer County Zoning Administrator should you have any questions regarding this Statement of Committee Hearing and Procedure and Statement of Hearing. 2 of 2 Page 7 of 96 1 MINUTES OF PUBLIC HEARING Sawyer County Zoning Committee February 20, 2026 Zoning Committee Members Ronald Buckholtz – Chairman Tweed Shuman Kay Wilson Steve Kariainen Marshal Savitski Dale Magnuson Zoning Administration Jay Kozlowski, Zoning & Conservation Administrator Kathy Marks, Deputy Zoning & Conservation Administrator PRELIMINARY MATTERS a) Call to Order and Roll Call Buckholtz called the Public Hearing before the Sawyer County Zoning Committee to order at 8:30am in the Sawyer County Courthouse, 10610 Main St. Hayward, Wisconsin. Roll was called finding present: Buckholtz, Shuman, Wilson, Magnuson, Savitski and Kariainen. From the Zoning Office Kozlowski and Marks. Legal Counsel for Sawyer County, Rebecca Roeker - virtual b) Pledge of Allegiance. c) Statement of Committee and Hearing Procedure and Statement of Hearing. Those persons wishing to speak will be afforded the opportunity provided they identify themselves. The Public Hearing Notice was published as a Class 2 Notice in accordance with Chapter 985 of the Wisconsin Statutes in the Sawyer County Record and Sawyer County Gazette was published on February 4th and 11th, 2026. d) Approval of January 16, 2026 minutes Motion to approve the January 16, 2026 meeting minutes by Kariainen, and second by Savitski. All in favor. (A copy of the audio recording of this meeting and the video may be found at “sawyercountygov.org” for more information e) Public Comment: Hazel Jonjak, Town of Bass Lake and Linda Zillmer, Town of Edgewater property owner, f) Buckholtz suggests to change item 6a, the request to waive the 1-year refiling rule for CUP #25-051.Kozlowski askes Rebecca Roeker, legal counsel advises. Owner WTTC Land Management Co. LLC – Jeff Johnson requests waving of the one-year refilling rule to submit a new CUP for addition of an asphalt plant which will have more exact duration timeframes. This request is subject to the Sawyer County Zoning Committee By-Laws Section 9.7 as it pertains to the same parcel listed as tax ID 3913. Kozlowski reads the WTTC case. Discussion with Committee. Tristen Gardner, agent speaks in favor of the application. Discussion held by Kozlowski, Shuman and Tristen Gardner and Tom Gangnon representatives speak in favor. Discussion continues. Public comment: In opposition of request is Shelly Paine, Jim Paine, Tracy Yackel, Linda Zillmer, Hazel Jonjak, and Jay Johns. Discussion by Committee and Kozlowski. Motion by Wilson to deny the 1-year waiving for refilling, second by Shuman. Roll Call finds: Magnuson – no, Page 8 of 96 2 Wilson – yes, Shuman – yes, Kariainen – yes, Buckholtz – yes. 4 to 1 to deny the 1-year refilling. REZONE APPLICATIONS a) Postponed from January 2026 Public Hearing. A Public Hearing in the Town of Hunter. RZN #26-002. Owner: Thomas & Jean Carr. Part of the N ½ of the NW; S09, T40N, R06W; Tax ID #13857; Parcel #012-640-09-2103; 3.5 total acres; Zoned Residential/Recreational One (RR-1). Purpose of Request is to rezone from Residential/Recreational One (RR-1) to Commercial One (C-1) to be able to have storage units. Kozlowski reads the application, and that the Town – tabled for 2nd time and opinion letters. Rebecca Roeker – advises. Kozlowski suggests not to exceed 3 months for a time certain or must reapply, the Town will hear and recommend and that the Owner will pay a republication fee. Motion by Shuman to table with conditions of, have the owner pay reapplication fees, the Town to hear for recommendation and the time certain be no more than 3 months to do so. Second Kariainen. Roll call finds: Magnuson – yes, Wilson – yes, Buckholtz – yes, Kariainen – yes, Shuman – yes. All in favor. CONDITIONAL USE APPLICATION a) A Public Hearing in the Town of Radisson. CUP #26-003, Owner: Raymond VanWey. The NE ¼ of the SE ¼; S17, T38N, R07W; Tax ID #22572; Parcel #022-738-17-4101; 40 total acres; Zoned Agricultural One (A-1); Permit desired for: The allowance of 2 shipping containers on his property for storage per Sawyer County Code of Ordinances – Appendix D-Section 20 (93). Placement of more than 1 shipping container requires Town Board approval and Zoning Committee approval of Conditional Use Permit. Kozlowski reads the public hearing portion of the application, staff report, and Town recommendation. There were no opinion letters returned. Motion to open the public hearing portion of the application by Shuman, second by Wilson. All in favor. Raymond VanWey, owner speaks in favor of the application. Discussion with Committee, and Kozlowski held. No other comments. Motion to close the public hearing portion of the application by Kariainen, second by Wilson. All in favor. Motion by Shuman to approve the application with conditions: 1) No habitable area is allowed in the shipping containers including beds, bedrooms, kitchen facilities or plumbing. 2) No commercial use or operation allowed in shipping containers. 3) Must follow all other Town, County, State, Federal regulations/laws/conditions. 4) A Sawyer County Land Use Permit is required if approval of CUP is granted. 5) CUP goes with the property. Findings of Fact: 1) Encourage planned and orderly land use development. 2) Protect property values and the property tax base. Roll Call finds: Shuman – yes, Magnuson – yes, Buckholtz – yes, Kariainen – yes, Wilson – yes. All in favor. Savitski leaves meeting at 9:30am b) A Public Hearing in the Town of Edgewater. CUP #26-004. Owners: Daniel & Jammie Kokesh. Paradise Shores, Lot 24; S30, T38N, R09W; Tax ID #7791; Parcel #008-162- 00-2400; 1.17 total acres; Zoned Residential/Recreational One (RR-1). Permit desired for: A 30’ x 24’ garage on vacant property. Per Sawyer County Code of Ordinances – Appendix D – Section 4.26 (1) with automatic conditions as the request will be for an Page 9 of 96 3 accessory structure on vacant land being granted a 3-year time frame to build a primary dwelling and proposed accessory structure will be located on the same parcel. Kozlowski reads the application, staff report, Town recommendation and opinion letter. Motion by Shuman to open the public hearing portion of the application, second by Wilson. All in favor. Dan Kokesh, owner speaks in favor of the application. No other comments. Motion by Wilson to close the public hearing portion of the application, second by Kariainen. All in favor. Kozlowski reads the discussion/action portion of the application. Motion by Wilson to approve the application with conditions of: 1) Land Use Permit for (garage) accessory structure is required within 1 year of Zoning Committee approval. 2) Land Use Permit is required and applied for principal structure within 3 years from date of Zoning Committee decision. Failure to apply will result in citation with potential order for removal of accessory building. 3) Proposed accessory structure must me all other Sawyer County Zoning & Conservation requirements including setbacks and also compliant with all other State & Federal Laws. 4) Size of accessory structure is not to exceed 720 sq ft and is less than 18’ in height. 5) No habitable living area is allowed within accessory structure. Findings of Fact: 1) Encourage planned and orderly land use development. 2) Protect property values and the property tax base. Second by Shuman. Roll call finds: Shuman – yes, Magnuson – yes, Buckholtz – yes, Kariainen – yes, Wilson – yes. All in favor. c) A Public Hearing in the Town of Draper. CUP #26-005. Owners: Carl & Maria Frederick. SW ¼ of the NE ¼; S 02, T39N, R04W; Tax ID #6235; Parcel #006-439-02- 1301; 38.56 total acres; Zoned Agricultural Two (A-2). Permit desired for: 3 shipping containers, with agricultural use, on a vacant parcel. Per Sawyer County Code of Ordinance Appendix D, Section 2.0 (93). Placement of more than 1 shipping container requires Town Board approval and Zoning Committee approval of Conditional Use Permit. Kozlowski reads the application, staff report, Town recommendation, No Opinions returned. Motion by Shuman to open the public hearing portion of the application, second by Wilson. All in favor. Carl Frederick, owner speaks in favor of the application. No other comments. Motion to close the public hearing portion of the application by Wilson, second by Shuman. All in favor. Kozlowski reads the discussion/action portion of the application. Motion by Kariainen to approve the application with conditions of: 1) No habitable area is allowed in the shipping containers including beds, bedrooms, kitchen facilities or plumbing. 2) No commercial use or operation allowed in shipping containers. 3) Must follow all other Town, County, State, Federal regulations/laws/conditions. 4) A Sawyer County Land Use Permit is required if approval of CUP is granted. 5) CUP goes with the property. Findings of Fact: 1) Encourage planned and orderly land use development. 2) Protect property values and the property tax base. Second by Magnuson. Roll call finds: Buckholtz – yes, Wilson – yes, Magnuson – yes, Shuman – yes, Kariainen – yes. All in favor. d) A Public Hearing in the Town of Draper. CUP #26-006. Owners: Carl & Maria Frederick. NE ¼ of the SW ¼. S35, T40N, R04W; Tax ID #7543; Parcel #006-440-35- 3101; 40 total acres; Zoned Forestry One (F-1). Permit desired for: 3 shipping containers Page 10 of 96 4 on property. Per Sawyer County Code of Ordinance Appendix D, Section 2.0 (93). Placement of more than 1 shipping container requires Town Board approval and Zoning Committee approval of Conditional Use Permit. Kozlowski reads the application, staff report, Town recommendation, there were no opinions returned. Motion to open the public hearing portion of the application by Shuman, second by Wilson. All in favor. Car Frederick, owner speaks in favor of the application. Discussion held with Committee. Motion to close the public hearing portion of the application by Shuman, second by Wilson. All in favor. Kozlowski reads the discussion/action portion of the application. Discussion held. Motion by Wilson to approve the application with conditions of: 1) No habitable area is allowed in the shipping containers including beds, bedrooms, kitchen facilities or plumbing. 2) No commercial use or operation allowed in shipping containers. 3) Must follow all other Town, County, State, Federal regulations/laws/conditions. 4) A Sawyer County Land Use Permit is required if approval of CUP is granted. 5) CUP goes with the property. Findings of Fact: 1) Encourage planned and orderly land use development. 2) Protect property values and the property tax base. Second by Shuman. Roll call finds: Buckholtz – yes, Wilson – yes, Shuman – yes, Kariainen – yes. Buckholtz calls for break at 10:00 am. Buckholtz calls meeting back to order at 10:05am e) Postponed from December 2025 public hearing. A Public Hearing in the Town of Bass Lake. CUP #25-052. Owners: Anton & Debbie Pfendt. Abendpost Beach 1st Addition Lot 5 Blk 21, Lots 6, 7 & 13 Blk 21, Lots 8 & 9 Blk 21; Tax ID’s #360, 361 & 362; Parcel #’s 002-106-21-0500, 002-106-21-0600 & 002-106-21-0800; All in S31, T40N, R08W; .393 total acres; Zoned Residential/Recreational One (RR-1). Permit desired for a 60’x40’x 20’ in height accessory structure across a Town Road as per Sawyer County Code of Ordinances – Appendix D -Section 4.26 (2). This conditional use permit would also require a Variance to exceed maximum size allowance within platted subdivision, maximum of 1200 sq. ft. and to exceed height of 18’. Kozlowski reads the application, staff report, Town recommendation and opinion letter. Motion to open the public hearing portion of the application by Shuman, second by Wilson. All in favor. Anton Pfendt, owner speaks in favor of the application. Discussion held with Committee. Public comment by Linda Zillmer, Edgewater property owner. No other comments. Motion to close the public hearing portion of the application by Shuman, second by Magnuson. All in favor. Kozlowski reads the discussion/action portion of the application. Discussion with Committee. Motion by Magnuson to approve the application with conditions of: 1) No habitable area is allowed in this structure. 2) No commercial use or operation allowed in structure. 3) 1 Building, size of proposed accessory structure to be set by Board of Appeals if exceeding 1,200 sq. ft in area and 18’ in height. 3) A deed restriction or restrictive covenants must be recorded with the Register of Deeds Office so that parcels may not be sold separately. This will also require a change of ownership among the parcels as they are currently not within the same form of ownership. 5) Must follow all other Town, County, State, Federal regulations/laws including an additional Town Driveway Permit. Findings of Fact: 1) Protect property values and the property tax base. 2) Permit the careful planning and efficient maintenance of highway systems. 3) Page 11 of 96 5 Encourage uses of land and other natural resources which are in accordance with their character and adaptability. Rebecca Roeker, Legal Counsel advises. Discussion held with Committee. Applicant can still apply for a variance but the Town may deny based on previous Town conditions. Roll call finds: Kariainen – yes, Wilson – yes, Buckholtz – yes, Magnuson -yes, Shuman – yes. All in favor. PLAT REVIEW a) Jeremy Hill and Scott Thiermann Certified Survey Map over existing County Plat, Requires Zoning Committee acceptance, conditional acceptance or rejection. Kozlowski explains the Certified Survey Map over the Plat. Jeremy Hill, owner explains the reasoning behind it. Motion by Magnuson to approve the Certified Survey, second by Shuman. No other discussion. Roll call finds: Wilson – yes, Buckholtz – yes, Shuman – yes, Magnuson – yes, Kariainen – yes. All in favor. NEW BUSINESS a) WTTC Land Management CO LLC – was moved to the beginning of the agenda. b) Solar Ordinance-draft proposal. Kozlowski explains the proposal for the Ordinance and will add to the March agenda. Discussion held. Rebecca Roeker, Legal Counsel advises. Motion to approve the 20’ setback with wildlife design, Section 6. Rebecca Roeker, Legal Counsel advises. Second by Buckholtz. All in favor. Kozlowski explains the financial assurance in Section 9 (b) (1). Rebecca Roeker, Legal Counsel advises. Discussion held. Kozlowski explains the Utility Aid & Water Well. Rebecca Roeker, Legal Counsel advises. Discussion continues. Kozlowski will have Rebecca Roeker, Legal counsel help with a clean-line and red-line versions. Will use comparisons of Versions 2 -3 and 3-4 for Mays meeting then can be sent to the Towns. Rebecca Roeker, Legal Counsel advises. Linda Zillmer, Edgewater property owner and Hazel Jonjak, Town of Bass Lake property owner, make comment. c) Draft Amendment for “Apartment Complexes” within the C-1 Zone District as a Conditional Use Permit. Kozlowski explains the changes to the Apartment Complexes draft amendment in Commercial One (C-1) district. Discussion held with Kozlowski and Committee. Linda Zillmer, Edgewater property owner comments. Motion by Magnuson to send the draft to the Towns for the Amendment for Commercial One (C-1) as a Conditional Use and Data Center in Industrial One (I-1) as a Conditional Use. Second by Shuman. Roll Call finds: Kariainen – yes, Wilson – yes, Buckholtz – yes, Magnuson – yes, Shuman – yes. All in favor. Towns will not be sent until information until April Town Board Meeting. Potential official public hearing to occur in April and Zoning Committee. d) Any other business that may come before the Committee for discussion. Discussion held with Kozlowski and Committee regarding Commercial One (C-1) storage building in Residential/Recreational One (RR-1) and Residential Recreational Two (RR-2) as a Conditional Use application. All five (5) members agreed that storage buildings not be allowed in Residential/Recreational zone districts. e) Any other business to discuss. None. ADJOURNMENT Buckholtz adjourns meeting at 10:35am *Minutes prepared by Kathy Marks, Deputy Zoning & Conservation Administrator. Page 12 of 96 Page 13 of 96 Page 14 of 96 Page 15 of 96 Page 16 of 96 Page 17 of 96 Page 18 of 96 Page 19 of 96 Page 20 of 96 Page 21 of 96 Page 22 of 96 Page 23 of 96 Page 24 of 96 Page 25 of 96 Page 26 of 96 Page 27 of 96 Page 28 of 96 Page 29 of 96 Page 30 of 96 Page 31 of 96 Page 32 of 96 Page 33 of 96 Page 34 of 96 Page 35 of 96 Page 36 of 96 Page 37 of 96 Page 38 of 96 Page 39 of 96 Page 40 of 96 Page 41 of 96 Page 42 of 96 Page 43 of 96 Page 44 of 96 Page 45 of 96 Page 46 of 96 Page 47 of 96 Page 48 of 96 Page 49 of 96 SAWYER COUNTY CERTIFIED SURVEY MAP LOCATED IN PART OF GOVERNMENT LOT 3. SECTION 14. TOWNSHIP 41 NORTH. RANGE 8 WEST. IN THE TOWN OF HAYWARD. SAWYER COUNTY. WISCONSIN. BEING ALL OF LOT 1 AND LOT 2 OF CERTinED SURVEY MAP No. 8849 RECORDED IN VOLUME 39 PAGES 117-119 AS DOCUMENT N0.4S1281 AND ALL OF LOT 1 OF THE PLAT OF ROUND LAKE RETREAT SUBDIVISION RECORDED AS DOCUMENT No.l29893. JfiT3 C.S.M. NO.Z010 ROUND LAKE \256.88' DOT 1 54.870 SQ. FT.± 1.28 ACRES± NORTmEST CORNER SEC.U-4I-B FOUND 3.2S" ALUM. MON. ACRES± u ■ I'S "-i NEST 1/4 CORNER SEC.14-41-a FOUND SURVEY MARKER NAIL ROU^JfA^RET^T NOTE: THE ORDINARY HIGH WATER LINE OF ROUND LAKE IS APPROXIMATE AND IS FOR REFERENCE ONLY. ANY LAND BELOW THE ORDINARY HIGH WATER MARK OF A LAKE OR NAVIGABLE STREAM IS SUBJECT TO THE PUBLIC TRUST IN NAVIGABLE WATERS THAT IS ESTABLISHED UNDER ARTICLE IX. SECTION 1 OF THE STATE CONSTITUTION. isa "gSui u n OJ 1/1 — JOB jjl 00526 Prepared by: Jesse Suzan Land Surveying LLC Phone No. (715) 558-4668 13731W Sjostrom Circle Hoyword, Wl 54843 0"80'160' Sheet 1 of 4 SheetsSCALE IN FEET 1" = 80' LEGEND P.L.S.S. Corner Monument of Record os noted. Set .75" X 18" Iron Rod wt. 1.50 lbs. per foot. Found 1.25" O.D. Iron Pipe Found 1.5" O.D. Iron Pipe Found 2.5" O.D. Iron Pipe Found .75" Iron Rod ® Septic (xxxx) Recorded Data 9 Page 50 of 96 SAWYER COUNTY CERTIFIED SURVEY MAP Located in part of Government Lot 3, of Section 14, Township 41 North, Range 8 West, in the Town of Hayward, Sawyer County, Wisconsin. Being all of Lot 1 and Lot 2 of Certihed Survey Map No. 8849 recorded in Volume 39 Pages 117-119 as Document No.451261 and all of Lot 1 of the Plat of Round Lake Retreat Subdivision recorded as Document No. 129893. CURVE TABLE CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE DEGREE OF CURVE C1402.58"143.42"142.66"N22-33'06"'W20-24"40"'14*13"56" (01)402.58"142.65"N22"37"30""W20*24"36'" LINE TABLE L1= N88*51"13"E 25.82" (25.77") L2= S64"06"57"W 50.76" L3= S80"4r44"\V 45.61" SURVEYOR'S CERTIFICATE: I, Jesse B. Suzan, a Profesional Wisconsin Land Surveyor, do hereby certify that by the direction of Eugene Rumsey, I have surveyed, divided, and mapped a parcel located in part of Government Lot 3, of Section 14, Township 41 North, Range 8 West, in the Town of Hayward, Sawyer County, Wisconsin, described as follows; Commencing at the West 1/4 corner of said Section 14; thence, NB1*23"49'"E 1967.44" to a found iron pipe on the easterly right of way of Linden Road and the point of beginning; thence along said right of way, N12*10"57""W 289.33" to a found iron pipe; thence along the arc of a curve to the left 143.42", said curve has a central angle of 20°24"40"" and a chord that bears N22*33"06'"W 142.66" to a found iron pipe; thence leaving said right of way, N68°5ri3""E 25.62" to a found iron pipe; thence, N66''55'26"'E 256.66" to a found iron rod; thence, S61''32"2r"E 132.61" to a found iron pipe on a meander line of Round Lake; thence, S64*06"57""W 50.76" to a found iron rod; thence, S16*59"47""W 116.90" to a found iron pipe; thence, S26''4ri6""E 120.30" to a found iron pipe; thence leaving said meander line, S59°12"15"'W 316.74" to the point of beginning. Containing approximately 109,919 square feet (2.53 acres). Together with all lands lying between the above described meander line, the ordinary high water line of Round Lake and the side lot lines extended to said ordinary high water line. Subject to all easements, restrictions, and covenants of record. 1 also certify that this Certified Survey Map is a correct representation to scale of the exterior boundaries surveyed, divided, and described; that 1 have complied with the provisions of Chapter 236.34 of the Wisconsin Statutes and the Subdivision Ordinance of the County of Sawyer and Township of Hayward in surveying, dividing, and mapping the same. Jesse B. Suzan Professional Wisconsin Land Surveyor No. 2635 Fieldwork completed on 2-13-2026 Date This map is hereby approved this day of . 2026 by the Sawyer County Zoning Department. Jay Kozlowski - Zoning Administrator Sheet 2 of 4 Sheets Page 51 of 96 SAWYER COUNTY CERTIFIED SURVEY MAP Located in part of Government Lot 3, of Section 14, Township 41 North, Range 8 West, in the Town of Hayward, Sawyer County, Wisconsin. Being all of Lot 1 and Lot 2 of Certified Survey Map No. 8649 recorded in Volume 39 Pages 117-119 as Document No.451261 and ail of Lot 1 of the Plat of Round Lake Retreat Subdivision recorded as Document No.129893. OWNER'S CERTIFICATE: The Eugene W. Rumsey, Jr., Trustee of the Rumsey Family Trust dated May 25, 2012, as owner, do hereby certify that I caused the land on this Certified Survey Map to be surveyed, divided, mapped, and dedicated as represented on this Map. I also certify that this Certified Survey Map is required by S.236.34 to be submitted to the Town of Hajward and the County of Sawyer for approval or objection. Eugene W. Rumsey, Jr. Trustee of the Rumsey Family Trust dated May 25, 2012. State of California) San Diego County) Personally came before me this day of , 2026, the above named Eugene W. Rumsey, Jr., Trustee of the Rumsey Family Trust dated May 25, 2012. To me known to be the same person who executed the foregoing instrument and acknowledged same. (Notary Seal) Notary Public, California My commission expires OWNER'S CERTIFICATE: The Jeffrey R. DeYoung and Michele P. DeYoung, as owners, do hereby certify that we caused the lend on this Certified Survey Map to be surveyed, divided, mapped, and dedicated as represented on this Map. We also certify that this Certified Survey Map is required by S.236.34 to be submitted to the Town of Hayward and the County of Sawyer for approval or objection. Jeffrey R. DeYoung Michele P. DeYoung State of Wisconsin) Sawyer County) Personally came before me this day of , 2026, the above named Jeffrey R. DeYoung and Michele P. DeYoung. To me known to be the same persons who executed the foregoing instrument and acknowledged same. (Notary Seal) Notary Public, Wisconsin My commission expires Sheet 3 of 4 Sheets Page 52 of 96 SATHTYER COUNTY CERTIFIED SURVEY MAP Located in part of Government Lot 3, of Section 14. Township 41 North, Range 8 West, in the Town of Hayward. Sawyer County, Wisconsin. Being all of Lot 1 and Lot 2 of Certified Survey Map No. 8849 recorded in Volume 39 Pages 117-119 as Document No.451261 and all of Lot 1 of the Plat of Round Lake Retreat Subdivision recorded as Document No.129893. Town Board Approval: Resolved that this Certified Survey Map by Eugene W. Rumsey, Jr.. Trustee of the Rumsey Family Trust, dated May 25. 2012. and Jeffrey P. DeYoung and Michele P. DeYoung, is hereby approved by the Town Board of the Town of Hayward, Sawyer County, Wisconsin. John Froemel, Town Chairman Date Bryn Hand, Town of Hayward Clerk Date Treasurer's Certificate: state of Wisconsin Sawyer County) SS We, Being duly elected qualified and acting Treasurers of the County of Sawyer and the Township of Hayward. do hereby certify that the records in our offices show no unredeemed tax sales and no unpaid taxes or special assessments as of the dates listed below affecting the lands included in this Certified Survey Map. Samantha Stuhr. Town of Hajrward Treasurer Date Brian Lehner. Sawyer County Treasurer Date Sawyer County Zoning Committee Approval: Resoived that this Certified Survey Map by Eugene W. Rumsey, Jr., Trustee of the Rumsey Family Trust, dated May 25. 2012. and Jeffrey P. DeYoung and Michele P. DeYoung. is hereby approved by the Sawyer County Zoning Committee. Sawyer County, Wisconsin. Ronald Buckholtz, Zoning Committee Chair Date Sheet 4 of 4 Sheets Page 53 of 96 Real Estate Sawyer County Property Listing Today's Date: 2/23/2026 Property Status: Current Created On: 12/26/2024 8:50:55 AM ^ Description Tax ID: PIN: Legacy PIN: Map ID: Municipality: STR: Description: Recorded Acres: Lottery Claims: Rrst Dollar: Waterbody: Zoning: ESN: ^ Tax Districts Updated: 12/26/2024 45368 57-010-2-41-08-14-S 05-003-000110 010841145311 (010) TOWN OF HAYWARD S14T41N R08W PRT GOVT LOT 3 & ROUND LAKE RETREAT PRT LOT 1 LOT 1 CSM 39/117 #8849 (ILLEGAL SPLIT) 1.250 0 Yes Round Lake (RRl) Residential/Recreational One 444 Updated: 12/26/2024 SiOwnershipUpdated: 1/28/2026 1 57 010 572478 001700 (• * Recorded Documents 0 CERTIFIED SURVEY MAP Date Recorded: 8/21/2024 □ WARRANTY DEED Date Recorded: 7/30/2024 Q QUIT CLAIM DEED Date Recorded: 7/30/2024 a QUIT CLAIM DEED Date Recorded: 6/6/2012 □ QUIT CLAIM DEED Date Recorded: 11/30/1999 □ QUIT CLAIM DEED Date Recorded: 11/30/1999 Q QUITCLAIM DEED Date Recorded: 11/30/1999 Q CERTIFIED SURVEY MAP Date Recorded: 7/22/1983 State of Wisconsin Sawyer County Town of Hayward Hayward Community Schooi District Technicai Coiiege Updated: 12/26/2024 451261 450905 450904 379034 281141 281141 281140 187682 RUMSEY FAMILY TRUST JEFFREY R 6i MICHELE P DE YOUNG LAJOliACA MIAMI BEACH FL Billing Address: Mailing AHttraee? RUMSEY FAMILY TRUST RUMSEY FAMILY TRUST ATTN EUGENE W JR & MARY ANN ATTN EUGENE W JR 8i MARY ANN RUMSEY RUMSEY 2850 MOONRIDGE DR 2850 MOONRIDGE DR LA JOLU CA 92037 LA 30LLA CA 92037 Site Address * indicates Private Road 11148N UNDEN RD ^ Property Assessment 2026 Assessment Detail HAYWARD 54843 Updated: 5/22/2025 CodeAcresLandImp. Gl-RESIDENTIAL1.250338,000100,400 2-Year Comparison20252026Change Land:338,000338,0000.0% Improved:100,400100,4000.0% Total:438,400438,4000.0% IS Property History Parent PropertiesTax ID 57-010-2-41 -08-14-5 15-227-00010010057 57-010-2-41-08-14-5 05-00.3-00004010941 HISTORY B Expand All HistoryWhite=CurTent Parcels Pink=Retired Parcels 0 Tax ID: 10941 Pin: 57-010-2-41-a8-14-5 05-003-000040 Leg. Pin: 010841145304 Mao ID: :3.4 B Tax ID: 10057 Pin: 57-010-2-41-08-14-5 15-227-000100 Leg. Pin: 010173000100 Mao ID: -S.l 45368 This Parcel fparente Children Page 54 of 96 Real Estate Sawyer County Property Listing Today's Date: 2/23/2026 Property Status: Current Created On: 12/26/2024 8:50:56 AM Description Tax ID: PIN: Legacy PIN: Map ID: Municipality: STR: Description: Recorded Acres: Lottery Claims: Rrst Dollar: Waterbody; Zoning: ESN: ^ Tax Districts 1 57 010 572478 001700 Updated: 1/28/2026 45369 57-010-2-41-08-14-5 15-227-000101 010173000101 (010) TOIWN OF HAYWARD 514 T41N R08W ROUND UKE RETREAT PRT LOT 1 & PRT G0VTL0T3 LOT 2 CSM 39/117 #8849 (ILLEGAL SPirr) 1.280 0 No Round Lake (RRl) Residential/Recreational One 444 Updated: 12/26/2024 saOwnershipUpdated: 1/28/2026 3EFFREY R & MICHELE P DE YOUNG RUMSEY FAMILY TRUST MIAMI BEACH H. LA JOLLA CA State of Wisconsin Sawyer County Town of Hayward Hayward Community School District Technical College Billing Address: JEFFREY R & MICHELE P DE YOUNG 1445 16THSTAPT 303 MIAMI BEACH PL 33139 Mailing Address; JEFFREY R & MICHELE P DE YOUNG 1445 16TH ST APT 303 MIAMI BEACH PL 33139 Site Address * Indicates Private Road N/A ^ Property Assessment 2026 Assessment Detail Updated: 5/22/2025 CodeAcresLandImp. Gl-RESIDENTIAL1.280407,7000 2-Year Comparison20252026Change Land:407,700407,7000.0% Improved:000.0% Total:407,700407,7000.0% « Recorded Documents Q CERTIFIED SURVEY MAP Date Recorded: 8/21/2024 O WARRANTY DEED Date Recorded; 7/30/2024 Q QUITCLAIM DEED Date Recorded: 7/30/2024 O QUITCLAIM DEED Date Recorded: 6/6/2012 a QUIT CLAIM DEED Date Recorded: 11/30/1999 Q QUITCLAIM DEED Date Recorded: 11/30/1999 Q CERTIFIED SURVEY MAP Date Recorded: 7/22/1983 Updated: 12/26/2024Property History 451261 45090S 450904 379034 281141 281140 187682 Parent Properties 57-010-2-41-08-14-5 15-227-000100 57-PlQ-2-11-Pg-H-5 95-Q03-QOOC40 Tax ID 10057 10941 HISTORY B Expand All History White=CuiTent Parcels Pink=Retired Parcels B Tax ID; 10941 Pin: 57-010-2-41-08-14-5 05-003-000040 Leg. Pin; 010841145304 Mao ID: :3.4 B Tax ID: 10057 Pin: 57-010-2-41-08-14-5 15-227-000100 Leg. Pin: 010173000100 Map ID: -5.1 45369 This Parcel ^ Parents ^Children Page 55 of 96 ^BeaconSawyer County, Wl V V^0108'»1145310" ••>0,10841145309^V^-.V';- . .1 'f , .7 a'"" r:HYDRO iUiv/ijL:r; 0101-73000101 «;. -v 1 0101 73000?00 :i-^v:vo.ioi 73001300 V • AddmMS PArcM PftfMl NumtMrv f_} To«*f>ft LocAl snd Oth0r Rosdt — CITY STfiSei — COUNTY HWY PR1VATF Access — STATE HWY — TOWN ROAO — US HWV 1QftContow» 1ft Contours ~ Infls* Indax DaproBslon InlermedatB InienriaMM Oaprswlen . .i| 10.10841145301. Page 56 of 96 OBeaconSawyer County, Wl 010841145203 t2B0tW 010841145208?i 12B75W1284nV 010841145301 lYlJHO 010841145310 rs PJ 084.1145309; I 01084114530,1 'Vjl1{)92Nt1084N *1:1096 N«Tiliiini.innuN 010841143101 • MdrauM Parcala Parcal Nunban n Tovma Local and Oihar Poada — CITY STREET — COUNTY HWY PRIVATE ACCSSS STATE HWY — TOWN ROAO — US HWY — lOftConloura Page 57 of 96 Page 58 of 96 Page 59 of 96 Page 60 of 96 Page 61 of 96 Page 62 of 96 Page 63 of 96 Page 64 of 96 Page 65 of 96 Page 66 of 96 Page 67 of 96 Page 68 of 96 Page 69 of 96 Page 70 of 96 1 Sawyer County Solar Energy Systems Ordinance V3 Section 1. Purpose, Intent and Authority A. The purpose of this ordinance is to establish clear, consistent, and enforceable standards for the siting, development, operation, and decommissioning of solar energy systems and battery energy storage systems in Sawyer County B. The intent of this ordinance is to adopt and incorporate the requirements and standards set forth in Wis. Stat. § 66.0401 and Wis. Stat. § 66.0403, to preserve and protect the public health or safety while ensuring that the ordinance restrictions do not significantly increase the cost of the system, do not significantly decrease the system’s efficiency, and the ordinance restrictions allow for an alternative system of comparable cost and efficiency. The ordinance is intended to require a case by case approach regulatory scheme, thereby allowing uniform development while also considering the particular characteristics of a proposed solar energy system. The ordinance prioritizes regulation of community-scale, mid-scale, and large-scale solar energy systems while maintaining streamlined allowances for personal-use (accessory) solar energy systems. C. This ordinance is adopted pursuant to Sawyer County’s zoning authority under Wis. Stat. §§ 59.69, 66.0401, and 66.0403, and are intended to protect public health, safety, welfare, agricultural resources, natural resources, infrastructure, and community character, while allowing responsible renewable energy development, as more particularly described in this ordinance. Section 2. Applicability This ordinance applies to all sSolar Eenergy Ssystems and Bbattery Eenergy Sstorage Ssystems (BESS) located within Sawyer County, subject to applicable state and federal law. Where state or federal law preempts county regulation, such law shall control. This ordinance shall not apply to solar energy systems lawfully installed prior to the effective date of this ordinance, except for decommissioning and safety provisions. Section 3. Definitions A. For purposes of this ordinance, the following terms shall have the meanings indicated. Where terms are not defined herein, they shall be interpreted consistently with common usage, other provisions of the Sawyer County Zoning Ordinance, and applicable Wisconsin Statutes. 1. Abandonment: The cessation of operation of a solar energy system for a continuous period of twelve (12) months or more. 2. Accessory Solar Energy System: A solar energy system that is clearly incidental and subordinate to a permitted principal use on the same parcel, is designed primarily to offset on- site electricity consumption, and is not intended for commercial use, energy sales, or off-site distribution as its main function. An accessory solar energy system shall have a maximum nameplate capacity of less than fifty (50) kilowatts, shall not be established on a parcel without Page 71 of 96 2 an existing principal structure, and shall not be operated as a principal use, community-scale, mid-scale, or large-scale solar energy system. 3. Agrivoltaics: The co-location of solar energy generation with agricultural activities, including but not limited to crop production, grazing, pollinator habitat, apiaries, or other agricultural uses compatible with solar infrastructure. 4. Battery Energy Storage System (or BESS): One or more devices, systems, or facilities that store electrical energy for later use through chemical, mechanical, or other means. A Battery Energy Storage SystemBESS may be integrated co-located with a solar energy system or developed as a standalone facility and shall be regulated as a principal use. 5. Community-Scale Solar Energy System: A solar energy system occupying less than twenty (20) acres, regulated as a principal use, and designed primarily to provide electricity to a defined local community, development, group of subscribers, public facility, or cooperative within Sawyer County. Community-scale solar energy systems are not intended primarily for wholesale electric generation. 6. Decommissioning: The removal of all solar energy system components and restoration of the site to a condition compatible with surrounding land uses. 7. Floodplain: Any area designated as a floodplain pursuant to county, state, or federal regulation. 8. Glare: The reflection of sunlight from solar panels that causes visual discomfort or impairment to motorists, pilots, or neighboring properties. 9. Ground-Mounted Accessory Solar Energy System: An accessory solar energy system mounted on the ground or on poles and serving a principal use on the same parcel. 10. Large-Scale Solar Energy System: A solar energy system with a nameplate capacity greater than one hundred (100) megawatts. 11. Mid-Scale Solar Energy System: A ground-mounted solar energy system that occupies more than one (1) acre of land or has a nameplate capacity greater than fifty (50) kilowatts, but does not meet the definition of a Large-Scale Solar Energy System. 12. PSCW: The Public Service Commission of Wisconsin. 13 Roof-Mounted Accessory Solar Energy System: An accessory solar energy system mounted on a roof that is not a structural component of the building and does not increase the height of the structure. 14. Solar Array / Collector: One or more photovoltaic panels and related mounting structures used to collect solar energy. 15. Solar Energy System: Equipment that directly converts and then transfers solar energy into useable forms of thermal or electrical energy. A solar energy system includes solar collectors, frames, supports, mounting hardware, battery storage equipment, convertors, or invertors. 16. Viewshed: The area visible from a particular vantage point, including public roadways and residential properties. Page 72 of 96 3 Section 4. Use and Permit Requirements A. Accessory Solar Energy Systems 1. Roof-mounted accessory solar energy systems are permitted in all zoning districts and do not require a county permit, provided the system is not a structural component and does not increase building height. If the roof-mounted array is a structural component or does increase the building height a Land Use Permit is required. 2. Ground-mounted accessory solar energy systems are permitted in all zoning districts as accessory structures and require a Land Use Permit with applicable setbacks per accessory structures of that zone district. Accessory structures are not allowed on vacant property unless the requirements under Sawyer County Code of Ordinance – Appendix D - Section 4.26 can be met. B. Community-Scale Solar Energy Systems Community-Sscale Ssolar Eenergy Ssystems are principal uses and may be permitted only by Cconditional Uuse pPermit in all zoning districts to account for the unique impacts of the particular Community-Scale Solar Energy System being proposed and shall be determined upon the merits of the application for the proposed Community-Scale Solar Energy System and other evidence presented to the County Zoning Committee for consideration., subject to the standards of this ordinance. Community-sScale Ssolar Eenergy Ssystems shall be less than 20 acres in size. C. Mid-Scale Solar Energy Systems Mid-Sscale Ssolar Eenergy Ssystems are permitted as a conditional use and require issuance of a conditional use permit in the following zoning districts: (a) Agricultural-One (A-1); (b) Agricultural-Two (A-2); (c) Commercial-One (C-1); and (d) Industrial-One (I-1). A conditional use permit shall be required to account for the unique impacts of the particular Mid-Scale Solar Energy System being proposed and shall be determined upon the merits of each application for the proposed Mid-Scale Solar Energy System and other evidence presented to the County Zoning Committee for consideration. D. Large-Scale Solar Energy Systems Large-sScale Ssolar Eenergy Ssystems are permitted in the following zoning districts and upon issuance of a certificate of public convenience and necessity under Wis. Stat. §196.491 by the PSCW: (a) Agricultural-One (A-1); (b)Agricultural-Two (A-2); (c) Commercial-One (C-1); and (d) Industrial-One (I-1). E. Battery Energy Storage Systems (BESS) Battery Energy Storage Systems are permitted as a conditional use and require issuance of a conditional use permit in the following zoning districts: (a) Agricultural-One (A-1); (b) Agricultural-Two (A-2); (c) Commercial-One (C-1); (d) Industrial-One (I-1); and (e) Forestry- One (F-1). A conditional use permit shall be required to account for the unique impacts of the particular Battery Energy Storage Systems being proposed and shall be determined upon the merits of the application for the proposed Battery Energy Storage Systems and other evidence presented to the County Zoning Committee for consideration.. Commented [RR1]: The language added in this section is from Ecker Bros. so as to make these sections legally sustainable. Page 73 of 96 4 Section 5. General Standards for Solar Energy Systems and Battery Energy Storage SystemsBESS. 3.A. A Solar eEnergy sSystems and Battery Energy Storage System BESS sshall comply with applicable building, electrical, fire, and safety codes. 4.B. A Solar Energy System and Battery Energy Storage System Solar energy systems and BESS shall not be located within regulated floodplains or designated wetlands. 5.C. A Solar energy systems shall be designed to minimize glare impacts on adjacent properties and public roadways. 6.D. Emergency access and system labeling shall be provided as required by applicable law and industry standardscodes for a Solar Energy System and Battery Energy Storage System. 7.E. Coordination with electric utilities shall be required prior to interconnection of any A Solar Energy System or Battery Energy Storage System. 8.F. Facility identification signage for a Solar Energy System or Battery Energy Storage System is required with 24/7 emergency contact information. 9.G. An owner or operator of a Solar Energy System or Battery Energy Storage System shall compensate the County for any damage, destruction or other expenses incurred as a result of the construction, operation or decommissioning of aany Solar Energy System or Battery Energy Storage SystemBESS. 10.H. The County shall not be responsible or have any obligation for the performance, coordination, oversight, accounting or other involvement with any portion or all of the construction, maintenance, operation or decommissioning or any portion or all of the sSolar eEnergy sSystem or Battery Energy Storage SystemBESS. If the County is ordered to participate in any portion of the sSolar eEnergy sSystem or Battery Energy Storage System BESS construction, maintenance, operation or decommissioning, whether by court order, the PSCW, or other applicable law, or the County otherwise incurs any costs or expenses associated with any part of the solar energy system or Battery Energy Storage System BESS construction, maintenance, operation or decommissioning, the owner shall reimburse the County for all the County’s actual costs and expenses incurred. In the event the County incurs costs or expenses relating to the decommissioning of the sSolar eEnergy sSystem or BESSor Battery Energy Storage System, the amount owed pursuant to this Section 7(a)_____ shall be offset by any amounts actually received by the County from the financial assurance described in Section_____. Section 6. Siting Requirements and Design Standards for Community-Scale and Mid-Scale Solar Energy Systems 1. Setbacks: The project boundary shall be a mMinimum 250 feet from residential dwellings,150 feet from public road rights-of-way, and fencing located a minimum of 20’ from adjacent property lines. The perimeter fencing is the outer extension of the project boundary. Commented [RR2]: What are the applicable codes for accessory, community and mid-scale? Commented [JK3R2]: I have heard you say this phrase before when we don’t know what those other State/Fed codes might be. From a County side I could think of the Subdivision Ordinance for road widths for emergency services and 911 “Fire number” for an address. Thoughts on what to have here? Commented [RR4R2]: What is the intent with this point? To make sure that it is secure from “can’t break in” standpoint? I guess I do not understand what this is trying to regulate, and therefore what codes would be applicable. Commented [JK5R2]: I guess the point I am trying to make here is “Install solar systems safely, and make sure firefighters and emergency personnel can access the building(s) and clearly identify the solar equipment, according to existing safety codes.” Commented [RR6]: Duplicated the design element standards for BESS into the Community- Scale Solar Energy System or Mid-Scale Solar Energy Storage System standards. Commented [RR7]: Not defined, and questionable whether an ordinance may distinguish between participating and non- participating landowners. A Joint Development Agreement may make the distinction. Commented [RR8]: Include project boundary setback. Commented [JK9R8]: Does having the fencing requirement located 20’ from a property line then further define the project boundary? Commented [RR10R8]: No - project boundary should be marked in a site plan as the entire area that is considered part of the project. The portion between the fence and the lot line (or wherever the legal description ends the project description) is deemed part of the project area. Commented [JK11R8]: Does this clear this portion up? Page 74 of 96 5 2. Height: Maximum array height of eighteen (18) feet at maximum tilt. 3. Screening: Screening shall be required where necessary to mitigate visual impacts on residences or public roadways. 4. Fencing: Perimeter fencing shall be required and shall utilize wildlife-friendly designs. 5. Screening and Visual Impacts: 6. VVisual screening shall be required where a Community-Scale Solar Energy System or Mid-Scale Solar Energy Storage System is visible from a public roadway or any property containing a residence. Screening may include vegetative buffers, fencing, berms, architectural treatments, or a combination thereof, as approved by the County Zoning Committee. 7.5. Fire Safety and Emergency Access a. Any Community-Scale Solar Energy System or Mid-Scale Solar Energy Storage System shall comply with all applicable state and local fire codes, building codes, and manufacturer safety standards. b. Site plans shall clearly identify emergency access routes, fire apparatus access, and required clearances. c. The applicant shall provide documentation demonstrating coordination with local emergency responders prior to final approval of the conditional use permit. 8.6. Emergency Response Plan a. An Emergency Response Plan shall be submitted as part of the conditional use permit application for any Community-Scale Solar Energy System or Mid-Scale Solar Energy Storage System.. b. The Emergency Response Plan shall include, at a minimum: 1. Identification of potential hazards associated with the Community-Scale Solar Energy System or Mid-Scale Solar Energy Storage System Battery Energy Storage System. 2. Emergency shutdown and isolation procedures. 3. Fire suppression, containment, and mitigation measures. 4. On-site and off-site emergency contact information. 5. Procedures for coordination with local emergency responders. c. The Emergency Response Plan shall be updated as necessary to reflect material changes to the facility or applicable safety standards. 9.7. Noise: AnAny Community-Scale Solar Energy System or Mid-Scale Solar Energy Storage System shall comply with applicable County noise standards. Any cooling, ventilation, or operational noise shall be mitigated to prevent adverse impacts on neighboring properties. 10.8. Lighting: Lighting associated with any Community-Scale Solar Energy System, or Mid-Scale Solar Energy System shall be limited to safety and security purposes. All lighting shall be fully shielded and directed downward to minimize off-site impacts. Page 75 of 96 6 Section 6A. Siting and Requirements and Design Standards for Battery Energy Storage Systems (BESS) A. Applicability: The standards of this section apply to all Battery Energy Storage Systems (BESS) permitted as a conditional use , whether developed as a standalone facility or integrated with a solar energy system. B. Setbacks: a. Minimum five hundred (500) feet from residential dwellings. b. Minimum one hundred (100) feet from public road rights-of-way. c. Minimum fifty (50) feet from boundary of the solar energy project site, unless increased as a condition of approval of a conditional use permit. C. Location Restrictions: Battery Energy Storage Systems shall not be located within: a. Regulated floodplains b. Designated wetlands D. Height: The maximum height of any Battery Energy Storage System structure shall not exceed twenty (20) feet, unless increased as a condition of approval of a conditional use permit. E. Screening and Visual Impacts Visual screening shall be required where a Battery Energy Storage System is visible from public roadways or properties containing a residence. Screening may include vegetative buffers, fencing, berms, architectural treatments, or a combination thereof, as approved by the Zoning Committee. D. Screening and Visual Impacts: 1. Visual screening shall be required where a Battery Energy Storage System is visible from public roadways or properties containing a residence. 2. Screening may include vegetative buffers, fencing, berms, architectural treatments, or a combination thereof, as approved by the Zoning Committee. E. Fire Safety and Emergency Access: F. 1.a. Battery Energy Storage Systems shall comply with all applicable state and local fire codes, building codes, and manufacturer safety standards. 2b. Site plans shall clearly identify emergency access routes, fire apparatus access, and required clearances. 3c. The applicant shall provide documentation demonstrating coordination with local emergency responders prior to final approval of the conditional use permit. F. Emergency Response Plan: a1. An Emergency Response Plan shall be submitted as part of the conditional use permit application. G. 2b. The Emergency Response Plan shall include, at a minimum, all of the following: Page 76 of 96 7 a. Identification of potential hazards associated with the Battery Energy Storage System. b. Emergency shutdown and isolation procedures. c. Fire suppression, containment, and mitigation measures. d. On-site and off-site emergency contact information. e. Procedures for coordination with local emergency responders. c3. The Emergency Response Plan shall be updated as necessary to reflect material changes to the facility or applicable safety standards. H.G. Noise: Battery Energy Storage Systems shall comply with applicable county noise standards. Any cooling, ventilation, or operational noise shall be mitigated to prevent adverse impacts on neighboring properties. I.H. Lighting: Lighting associated with Battery Energy Storage Systems shall be limited to safety and security purposes. All lighting shall be fully shielded and directed downward to minimize off-site impacts. J. Decommissioning Battery Energy Storage Systems shall be included in the project’s decommissioning plan. Disposal and recycling of batteries shall comply with all applicable state and federal regulations. Section 7. Agricultural and Rural Land Protections 1. A site and soil assessment identifying prime farmland soils shall be required for community-scale, mid-scale, and large-scale solar energy systems. 2. Use of prime farmland soils shall be avoided or minimized where feasible. 3. Optional mitigation measures may include agrivoltaics, conservation easements, interim land use designation, or equivalent measures approved by the County Zoning Committee. 4. Drainage infrastructure shall be identified and protected. Damaged systems shall be repaired at the solar energy system’s owner’s expense. 5. Sites shall be maintained in perennial vegetative cover throughout operation. Section 8. Application and Review Procedures and Requirements A. All applications regulated by this article may be subject to additional conditions and restrictions, which shall be determined on a case-by-case basis taking into consideration the particular facts set forth in the application. In addition, any additional conditions or restrictions shall satisfy one of Page 77 of 96 8 the following conditions: 1. Serves to preserve or protect public health or safety. 2. Does not significantly increase the cost of the system or significantly decrease its efficiency, 3. Allows for an alternative system of comparable cost and efficiency. B. Conditional Use Permit Requirements 6. Mid-Scale Solar Energy Systems require a conditional use permit prior to installation, construction, or expansion. 1. Any Community-Scale Solar Energy Systems requires a conditional use permit prior to installation, construction, or expansion to address the proposed system’s unique and particular impacts. 7. . 2. Any Mid-Scale Solar Energy System requires a conditional use permit prior to installation, construction, or expansion to address the proposed system’s unique and particular impacts. 8.3. Any Battery Energy Storage System not associated with a Large Scale Solar Energy System shall s require a conditional use permit prior to installation, construction, or expansion. 9.4. Each conditional use permit for a Mid-Scale Solar Energy System, a Community- Scale Energy System, or a Solar Energy System and Battery Energy Storage System may require a conditional use agreement between the solar energy system owner, operator and the County to memorizememorialize the terms and conditions of the conditional use permit approval. C. B. Joint DevelopmentLocal Operating Agreement for Large Scale Solar Energy System. 1. Prior to the start of construction of a Large Scale Solar Energy System, the owner, operator, and County shall enter into a mutually-agreeable Joint DevelopmentLocal Operating Agreement to address mitigation of the the unique and particular impacts impacts of the Large Scale Solar Energy System may have on surrounding properties and the community, such as road use, emergency response, and decommissioning. Prior to being effective, the The Joint DevelopmentLocal Operating Agreement shall be reviewed by the County Zoning Committee with a recommendation to the Sawyer County Board of Supervisors and approved by the Sawyer County Board of Supervisors.. The Joint Development Agreement shall address mitigation of the proposed Large Scale Solar Energy System’s unique and particular impacts, including but not limited to the following: a. Road use, pre-construction and construction routes, repair and maintenance of county highways and permit requirements for road usage, weight, and access, and repair obligations. b. Setbacks. c. Height restrictions for equipment, buildings and other facilities. Commented [RR12]: May be an issue if connected to a Large Scale Solar Facility. Commented [JK13R12]: How do we fix? If connected with large scale I guess I don’t really care. Commented [RR14R12]: Modified and added “associated” as used in Wis. Stat. s. 196.491 to indicate “stand alone.” Commented [RR15]: Sawyer County is now part of a larger discussion given this solar ordinance draft. ☺￿ Let’s keep this in, but I want Andy’s input on certain provisions, and I will explain when we discuss. Page 78 of 96 9 d. Fencing. e. Hazard mitigation and a hazard mitigation plan. f. Emergency preparedness, emergency response, and an emergency response plan. g. Decommissioning requirements, financial assurances, and decommissioning obligations. h. Wildlife accommodation considerations. i. Erosion control measures, stormwater runoff measures and drainage requirements. j. Buffers and screening. k. Tree removal, ground cover, and topsoil removal. l. Agricultural protection and restoration. m. Assignment of interest and ongoing owner and operator obligations. n. Compensation to the County for expenses, reimbursement of fees, and indemnification of the County and its officials, agents, employees and representatives. o. Insurance requirements. p. Construction schedule and construction hours of operation. q. Vegetation management. r. Sound impacts. s. Glare reduction and mitigation. t. Dust control. u. Geological considerations. v. Water resource considerations. w. Project site security. x. Recreational trail and route accommodation. y. Compliance with all in accordance with applicable Federal, State, and local laws, regulations, orders, directives, and rules not otherwise preempted by state law. DC. Application Requirements A. An application for a Conditional Use Permit for a Mid-Scale Solar Energy, Large-Scale Solar Energy System, Community-Scale Solar Energy System, and Battery Energy Storage System ESS shall include the following, as applicable: 1. Site plan with all existing and proposed improvements, structures, topography, fencing, utilities, components, wetlands, waterways, drainage features, floodplain, roads, access points, and setbacks. Page 79 of 96 10 2. Proposed construction transportation routes and equipment. 3. Drainage plan addressing maintenance and repairs. 4. Construction schedule with major milestones. 5. Vegetation management plan. 6. Grading plan. 7. Decommissioning plan with financial assurance and recycling/disposal methods. 8. Lighting plan. 9. Erosion control and stormwater management plan. 10. Screening plan. 11. Airport notification documentation. 12. Fencing plan meeting wildlife-friendly standards. 13. Agreements or leases with affected landowners or communities. 14.13. Insurance. 15.14. Additional documentation as required by the Zoning Administrator or Zoning Committee to address the unique and particular components, features, and impacts of the proposed Mid-Scale Solar Energy System, Community-Scale Solar Energy System, or Battery Energy Storage System. BC. Conditional Use Permit Review Criteria In addition to general conditional use permit review standards, the County Zoning Committee shall consider the following criteria when considering an application for a Mid-Scale Solar Energy System, Community-Scale Solar Energy System, or Battery Energy Storage System. Facility, Community-Scale, and BESS : 1. Dual land use and agrivoltaics where feasible. 2. Preservation of prime agricultural soils and impacts on the County Farmland Preservation Plan. 3. Preservation of environmental features and protection of natural resources such as water quality, air quality, and potential contamination considerations. 3.4. Construction standards and mitigation of impacts. 4.5. Road protection and maintenance. 5.6. Construction-phase financial assurance. 6.7. Adequacy of decommissioning and restoration plans. 7.8. Battery Energy Storage Systems (BESS) – Additional Review Criteria. For Conditional Use Permit applications involving a Battery Energy Storage System, the Zoning Committee shall additionally consider the following: Commented [RR16]: Advise striking this. Commented [JK17R16]: Strike away Page 80 of 96 11 a. Whether the proposed location, setbacks, and site design adequately protect adjacent residential property owners, public roadways, and adjacent land uses. b. Whether the proposed Battery Energy Storage System complies with applicable state and local fire codes, building codes, manufacturer safety standards, and standards set forth by the Public Service Commission of Wisconsin and the National Fire Protection Association. c. Whether the submitted Emergency Response Plan provides reasonable and adequate procedures for emergency shutdown, fire suppression, hazard mitigation, and coordination with local emergency responders. d. Whether proposed screening, lighting, and noise mitigation measures are sufficient to minimize visual, noise, and operational impacts on neighboring properties. e. Whether the proposed decommissioning plan and financial assurance adequately provide for the safe removal, disposal, or recycling of battery components at the end of the facility’s useful life. Section 9. Decommissioning and Financial Assurance 1. A decommissioning plan with potential recycling plan is required for all Battery Energy Storage System BESS, Community Scale Solar Energy System or , Mid-Scale Solar Energy System. and Large-Scale Solar Energy Systems. 2. Decommissioning is required upon abandonment or cessation of any operations for twelve (12) months. 3. All equipment and infrastructure shall be removed from the project site and the entire solar energy system site restored as required by the conditional use permit or joint development agreement. All solar equipment must be decommissioned and disposed of in accordance with applicable Federal, State, and local laws, regulations, orders, directives and rules. 4. Under no circumstances shall any portion of the solar energy system, facilities, or equipment be buried on or adjacent to the project site as part of the decommissioning. 5. Financial assurance shall be provided prior to construction. The decommissioning cost estimate shall match the financial assurance and be prepared by a qualified, independent professional, including but not limited to a Wisconsin-licensed professional engineer, certified professional estimator, or other individual with demonstrated experience in utility-scale solar or battery energy storage system decommissioning. The estimate shall include all costs associated with removal of facilities, site restoration, disposal or recycling of materials, and any related labor, equipment, and transportation costs. The Zoning Administrator may retain, at the applicant’s expense, an independent third-party professional to review the decommissioning cost estimate for reasonableness and completeness and reviewed. Commented [RR18]: Depending upon the type of system, require tiered financial assurances? Commented [JK19R18]: I would default to your expertise on this. Commented [RR20R18]: Tiered ☺￿ Commented [JK21R18]: Does #6 address the tier aspects or was there still additional info that needed to be added here? Page 81 of 96 12 6. Financial assurance for decommissioning shall be reviewed and, if necessary, updated at least once every five (5) years, or more frequently if required by the County Zoning Administrator due to: 1. Changes in project scope or size; 2. Material changes in decommissioning methodology; 3. Inflation or demonstrated increases in decommissioning costs; or 4. Modifications to applicable state or federal requirements. 7. Insufficient Financial Assurance. If the County determines that financial assurance is insufficient to cover the updated decommissioning cost estimate, the owner or operator shall, within ninety (90) days of written notice, provide additional financial assurance in an amount sufficient to cover the revised estimate. Failure to provide updated financial assurance within the required timeframe shall constitute a violation of this ordinance and may result in enforcement action under Section 10. Sawyer County shall not be responsible for any decommissioning costs exceeding the amount of financial assurance provided. Add: Utility Aid Payment section? Water/well requirements? Section 10. Enforcement Violations of this ordinance or permit conditions shall be enforced under the Sawyer County Code of Ordinances. Adoption of this chapter in no way precludes the adoption of any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or any other matter. The issuance of a citation for a violation of this chapter in no way precludes the proceeding under any other law or ordinance relating to the same or any other matter. Section 11. Severability If any provision of this ordinance is held invalid, such invalidity shall not affect other provisions. Section 12. Effective Date This ordinance shall take effect upon adoption and publication as provided by law. Commented [JK22]: Should these be added? Commented [RR23R22]: No - I will explain. Page 82 of 96 1 Sawyer County Solar Energy Systems Ordinance V3 Section 1. Purpose, Intent and Authority A. The purpose of this ordinance is to establish clear, consistent, and enforceable standards for the siting, development, operation, and decommissioning of solar energy systems and battery energy storage systems in Sawyer County B. The intent of this ordinance is to adopt and incorporate the requirements and standards set forth in Wis. Stat. § 66.0401 and Wis. Stat. § 66.0403, to preserve and protect the public health or safety while ensuring that the ordinance restrictions do not significantly increase the cost of the system, do not significantly decrease the system’s efficiency, and the ordinance restrictions allow for an alternative system of comparable cost and efficiency. The ordinance is intended to require a case by case approach regulatory scheme, thereby allowing uniform development while also considering the particular characteristics of a proposed solar energy system. D. The ordinance prioritizes regulation of community-scale, mid-scale, and large-scale solar energy systems while maintaining streamlined allowances for personal-use (accessory) solar energy systems. C. This ordinance is adopted pursuant to Sawyer County’s zoning authority under Wis. Stat. §§ 59.69, 66.0401, and 66.0403, and are intended to protect public health, safety, welfare, agricultural resources, natural resources, infrastructure, and community character, while allowing responsible renewable energy development, as more particularly described in this ordinance. Section 2. Applicability This ordinance applies to all Solar Energy Systems and Battery Energy Storage Systems (BESS) located within Sawyer County, subject to applicable state and federal law. Where state or federal law preempts county regulation, such law shall control. This ordinance shall not apply to solar energy systems lawfully installed prior to the effective date of this ordinance, except for decommissioning and safety provisions. Page 83 of 96 2 Section 3. Definitions A. For purposes of this ordinance, the following terms shall have the meanings indicated. Where terms are not defined herein, they shall be interpreted consistently with common usage, other provisions of the Sawyer County Zoning Ordinance, and applicable Wisconsin Statutes. 1. Abandonment: The cessation of operation of a solar energy system for a continuous period of twelve (12) months or more. 2. Accessory Solar Energy System: A solar energy system that is clearly incidental and subordinate to a permitted principal use on the same parcel, is designed primarily to offset on-site electricity consumption, and is not intended for commercial use, energy sales, or off-site distribution as its main function. An accessory solar energy system shall have a maximum nameplate capacity of less than fifty (50) kilowatts, shall not be established on a parcel without an existing principal structure, and shall not be operated as a principal use, community-scale, mid- scale, or large-scale solar energy system. 3. Agrivoltaics: The co-location of solar energy generation with agricultural activities, including but not limited to crop production, grazing, pollinator habitat, apiaries, or other agricultural uses compatible with solar infrastructure. 4. Battery Energy Storage System (or BESS): One or more devices, systems, or facilities that store electrical energy for later use through chemical, mechanical, or other means. A Battery Energy Storage System may be integrated co-located with a solar energy system or developed as a standalone facility and shall be regulated as a principal use. 5. Community-Scale Solar Energy System: A solar energy system occupying less than twenty (20) acres, regulated as a principal use, and designed primarily to provide electricity to a defined local community, development, group of subscribers, public facility, or cooperative within Sawyer County. Community-scale solar energy systems are not intended primarily for wholesale electric generation. 6. Decommissioning: The removal of all solar energy system components and restoration of the site to a condition compatible with surrounding land uses. 7. Floodplain: Any area designated as a floodplain pursuant to county, state, or federal regulation. Page 84 of 96 3 8. Glare: The reflection of sunlight from solar panels that causes visual discomfort or impairment to motorists, pilots, or neighboring properties. 9. Ground-Mounted Accessory Solar Energy System: An accessory solar energy system mounted on the ground or on poles and serving a principal use on the same parcel. 10. Large-Scale Solar Energy System: A solar energy system with a nameplate capacity greater than one hundred (100) megawatts. 11. Mid-Scale Solar Energy System: A ground-mounted solar energy system that occupies more than one (1) acre of land or has a nameplate capacity greater than fifty (50) kilowatts, but does not meet the definition of a Large-Scale Solar Energy System. 12. PSCW: The Public Service Commission of Wisconsin. 13 Roof-Mounted Accessory Solar Energy System: An accessory solar energy system mounted on a roof that is not a structural component of the building and does not increase the height of the structure. 14. Solar Array / Collector: One or more photovoltaic panels and related mounting structures used to collect solar energy. 15. Solar Energy System: Equipment that directly converts and then transfers solar energy into useable forms of thermal or electrical energy. A solar energy system includes solar collectors, frames, supports, mounting hardware, battery storage equipment, convertors, or invertors. 16. Viewshed: The area visible from a particular vantage point, including public roadways and residential properties. Section 4. Use and Permit Requirements A. Accessory Solar Energy Systems A. Roof-mounted accessory solar energy systems are permitted in all zoning districts and do not require a county permit, provided the system is not a structural component and does not increase building height. If the roof-mounted array is a structural component or does increase the building height a Land Use Permit is required. Page 85 of 96 4 B. Ground-mounted accessory solar energy systems are permitted in all zoning districts as accessory structures and require a Land Use Permit with applicable setbacks per accessory structures of that zone district. Accessory structures are not allowed on vacant property unless the requirements under Sawyer County Code of Ordinance – Appendix D - Section 4.26 can be met. B. Community-Scale Solar Energy Systems Community-Scale Solar Energy Systems are principal uses and may be permitted only by conditional use permit in all zoning districts to account for the unique impacts of the particular Community-Scale Solar Energy System being proposed and shall be determined upon the merits of the application for the proposed Community-Scale Solar Energy System and other evidence presented to the County Zoning Committee for consideration. Community-Scale Solar Energy Systems shall be less than 20 acres in size. C. Mid-Scale Solar Energy Systems 1. Mid-Scale Solar Energy Systems are permitted as a conditional use and require issuance of a conditional use permit in the following zoning districts: (a) Agricultural-One (A-1); (b) Agricultural-Two (A-2); (c) Commercial-One (C-1); and (d) Industrial-One (I-1). 2. A conditional use permit shall be required to account for the unique impacts of the particular Mid-Scale Solar Energy System being proposed and shall be determined upon the merits of each application for the proposed Mid-Scale Solar Energy System and other evidence presented to the County Zoning Committee for consideration. D. Large-Scale Solar Energy Systems 1. Large-Scale Solar Energy Systems are permitted in the following zoning districts and upon issuance of a certificate of public convenience and necessity under Wis. Stat. §196.491 by the PSCW: (a) Agricultural-One (A-1); (b)Agricultural-Two (A-2); (c) Commercial-One (C- 1); and (d) Industrial-One (I-1). E. Battery Energy Storage Systems (BESS) 2. Battery Energy Storage Systems are permitted as a conditional use and require issuance of a conditional use permit in the following zoning districts: (a) Agricultural-One (A-1); Page 86 of 96 5 (b) Agricultural-Two (A-2); (c) Commercial-One (C-1); (d) Industrial-One (I-1); and (e) Forestry-One (F-1). 3. A conditional use permit shall be required to account for the unique impacts of the particular Battery Energy Storage Systems being proposed and shall be determined upon the merits of the application for the proposed Battery Energy Storage Systems and other evidence presented to the County Zoning Committee for consideration. Section 5. General Standards for Solar Energy Systems and Battery Energy Storage Systems. A. A Solar Energy System and Battery Energy Storage System shall comply with applicable building, electrical, fire, and safety codes. B. A Solar Energy System and Battery Energy Storage System shall not be located within regulated floodplains or designated wetlands. C. A Solar energy system shall be designed to minimize glare impacts on adjacent properties and public roadways. D. Emergency access and system labeling shall be provided as required by applicable law and industry standards for a Solar Energy System and Battery Energy Storage System. E. Coordination with electric utilities shall be required prior to interconnection of any A Solar Energy System or Battery Energy Storage System. F. Facility identification signage for a Solar Energy System or Battery Energy Storage System is required with 24/7 emergency contact information. G. An owner or operator of a Solar Energy System or Battery Energy Storage System shall compensate the County for any damage, destruction or other expenses incurred as a result of the construction, operation or decommissioning of a Solar Energy System or Battery Energy Storage System. H. The County shall not be responsible or have any obligation for the performance, coordination, oversight, accounting or other involvement with any portion or all of the construction, maintenance, operation or decommissioning or any portion or all of the Solar Energy System or Battery Energy Storage System. If the County is ordered to Page 87 of 96 6 participate in any portion of the Solar Energy System or Battery Energy Storage System construction, maintenance, operation or decommissioning, whether by court order, the PSCW, or other applicable law, or the County otherwise incurs any costs or expenses associated with any part of the solar energy system or Battery Energy Storage System construction, maintenance, operation or decommissioning, the owner shall reimburse the County for all the County’s actual costs and expenses incurred. In the event the County incurs costs or expenses relating to the decommissioning of the Solar Energy System or Battery Energy Storage System, the amount owed pursuant to this Section _____ shall be offset by any amounts actually received by the County from the financial assurance described in Section_____. Section 6.Requirements and Design Standards for Community-Scale and Mid-Scale Solar Energy Systems A. Setbacks: The project boundary shall be a minimum 250 feet from residential dwellings,150 feet from public road rights-of-way, and a minimum of 20’ from adjacent property lines. The perimeter fencing is the outer extension of the project boundary. B. Height: Maximum array height of eighteen (18) feet at maximum tilt. C. Fencing: Perimeter fencing shall be required and shall utilize wildlife-friendly designs. D. Screening and Visual Impacts: 1. Visual screening shall be required where a Community-Scale Solar Energy System or Mid-Scale Solar Energy Storage System is visible from a public roadway or any property containing a residence. 2. Screening may include vegetative buffers, fencing, berms, architectural treatments, or a combination thereof, as approved by the County Zoning Committee. E. Fire Safety and Emergency Access 1. Any Community-Scale Solar Energy System or Mid-Scale Solar Energy Storage System shall comply with all applicable state and local fire codes, building codes, and manufacturer safety standards. 2. Site plans shall clearly identify emergency access routes, fire apparatus access, and Page 88 of 96 7 required clearances. 3. The applicant shall provide documentation demonstrating coordination with local emergency responders prior to final approval of the conditional use permit. F. Emergency Response Plan 1. An Emergency Response Plan shall be submitted as part of the conditional use permit application for any Community-Scale Solar Energy System or Mid-Scale Solar Energy Storage System. 2. The Emergency Response Plan shall include, at a minimum: a. Identification of potential hazards associated with the Community-Scale Solar Energy System or Mid-Scale Solar Energy Storage System. b. Emergency shutdown and isolation procedures. c. Fire suppression, containment, and mitigation measures. d. On-site and off-site emergency contact information. e. Procedures for coordination with local emergency responders. 3. The Emergency Response Plan shall be updated as necessary to reflect material changes to the facility or applicable safety standards. G. Noise: Any Community-Scale Solar Energy System or Mid-Scale Solar Energy Storage System shall comply with applicable County noise standards. Any cooling, ventilation, or operational noise shall be mitigated to prevent adverse impacts on neighboring properties. H. Lighting: Lighting associated with any Community-Scale Solar Energy System, Mid- Scale Solar Energy System shall be limited to safety and security purposes. All lighting shall be fully shielded and directed downward to minimize off-site impacts. Section 6A. Requirements and Design Standards for Battery Energy Storage Systems (BESS) A. Applicability: The standards of this section apply to all Battery Energy Storage Systems permitted as a conditional use, whether developed as a standalone facility or integrated with a solar energy system. Page 89 of 96 8 B. Setbacks: 1. Minimum five hundred (500) feet from residential dwellings. 2. Minimum one hundred (100) feet from public road rights-of-way. 3. Minimum fifty (50) feet from boundary of the solar energy project site, unless increased as a condition of approval of a conditional use permit. C. Location Restrictions. Battery Energy Storage Systems shall not be located within: 1. Regulated floodplains 2. Designated wetlands D. Height: The maximum height of any Battery Energy Storage System structure shall not exceed twenty (20) feet, unless increased as a condition of approval of a conditional use permit. E. Screening and Visual Impacts: 1. Visual screening shall be required where a Battery Energy Storage System is visible from public roadways or properties containing a residence. 2. Screening may include vegetative buffers, fencing, berms, architectural treatments, or a combination thereof, as approved by the Zoning Committee. F. Fire Safety and Emergency Access: 1. Battery Energy Storage Systems shall comply with all applicable state and local fire codes, building codes, and manufacturer safety standards. 2. Site plans shall clearly identify emergency access routes, fire apparatus access, and required clearances. 3. The applicant shall provide documentation demonstrating coordination with local emergency responders prior to final approval of the conditional use permit. G. Emergency Response Plan: 1. An Emergency Response Plan shall be submitted as part of the conditional use permit application. 2. The Emergency Response Plan shall include, at a minimum, all of the following: a. Identification of potential hazards associated with the Battery Energy Storage System. b. Emergency shutdown and isolation procedures. Page 90 of 96 9 c. Fire suppression, containment, and mitigation measures. d. On-site and off-site emergency contact information. e. Procedures for coordination with local emergency responders. 3. The Emergency Response Plan shall be updated as necessary to reflect material changes to the facility or applicable safety standards. H. Noise: Battery Energy Storage Systems shall comply with applicable county noise standards. Any cooling, ventilation, or operational noise shall be mitigated to prevent adverse impacts on neighboring properties. I. Lighting: Lighting associated with Battery Energy Storage Systems shall be limited to safety and security purposes. All lighting shall be fully shielded and directed downward to minimize off-site impacts. Section 7. Agricultural and Rural Land Protections A. A site and soil assessment identifying prime farmland soils shall be required for community-scale, mid-scale, and large-scale solar energy systems. B. Use of prime farmland soils shall be avoided or minimized where feasible. C. Optional mitigation measures may include agrivoltaics, conservation easements, interim land use designation, or equivalent measures approved by the County Zoning Committee. D. Drainage infrastructure shall be identified and protected. Damaged systems shall be repaired at the solar energy system’s owner’s expense. E. Sites shall be maintained in perennial vegetative cover throughout operation. Section 8. Application and Review Procedures and Requirements A. All applications regulated by this ordinance may be subject to additional conditions and restrictions, which shall be determined on a case-by-case basis taking into consideration the Page 91 of 96 10 particular facts set forth in the application. In addition, any additional conditions or restrictions shall satisfy one of the following conditions: 1. Serves to preserve or protect public health or safety. 2. Does not significantly increase the cost of the system or significantly decrease its efficiency, 3. Allows for an alternative system of comparable cost and efficiency. B. Conditional Use Permit Requirements. 1. Any Community-Scale Solar Energy System requires a conditional use permit prior to installation, construction, or expansion to address the proposed system’s unique and particular impacts. 2. Any Mid-Scale Solar Energy System requires a conditional use permit prior to installation, construction, or expansion to address the proposed system’s unique and particular impacts. 3. Any Battery Energy Storage System not associated with a Large Scale Solar Energy System shall require a conditional use permit prior to installation, construction, or expansion. 4. Each conditional use permit for a Mid-Scale Solar Energy System, a Community-Scale Energy System, or a Solar Energy System and Battery Energy Storage System may require a conditional use agreement between the owner, operator and the County to memorialize the terms and conditions of the conditional use permit approval. C. Local Operating Agreement for Large Scale Solar Energy System. Prior to the start of construction of a Large Scale Solar Energy System, the owner, operator, and County shall enter into a mutually-agreeable Local Operating Agreement to address mitigation of the unique and particular impacts the Large Scale Solar Energy System may have on surrounding properties and the community, such as road use, emergency response, and decommissioning. Prior to being effective, the Local Operating Agreement shall be reviewed by the County Zoning Committee with a recommendation to the Sawyer County Board of Supervisors and approved by the Sawyer County Board of Supervisors. Page 92 of 96 11 D. Application Requirements. An application for a Conditional Use Permit for a Mid-Scale Solar Energy, Community-Scale Solar Energy System, and Battery Energy Storage System hall include the following: 1. Site plan with all existing and proposed improvements, structures, topography, fencing, utilities, components, wetlands, waterways, drainage features, floodplain, roads, access points, and setbacks. 2. Proposed construction transportation routes and equipment. 3. Drainage plan addressing maintenance and repairs. 4. Construction schedule with major milestones. 5. Vegetation management plan. 6. Grading plan. 7. Decommissioning plan with financial assurance and recycling/disposal methods. 8. Lighting plan. 9. Erosion control and stormwater management plan. 10. Screening plan. 11. Airport notification documentation. 12. Fencing plan meeting wildlife-friendly standards. 13. Insurance. 14. Additional documentation as required by the Zoning Administrator or Zoning Committee to address the unique and particular components, features, and impacts of the proposed Mid-Scale Solar Energy System, Community-Scale Solar Energy System, or Battery Energy Storage System. B. Conditional Use Permit Review Criteria 1. In addition to general conditional use permit review standards, the County Zoning Committee shall consider the following criteria when considering an application for a Mid-Scale Solar Energy System, Community-Scale Solar Energy System, or Battery Energy Storage System. Page 93 of 96 12 a. Dual land use and agrivoltaics where feasible. b. Preservation of prime agricultural soils and impacts on the County Farmland Preservation Plan. c. Preservation of environmental features and protection of natural resources such as water quality, air quality, and potential contamination considerations. d. Construction standards and mitigation of impacts. e. Road protection and maintenance. f. Construction-phase financial assurance. g. Adequacy of decommissioning and restoration plans. 2. Battery Energy Storage Systems (BESS) – Additional Review Criteria. For Conditional Use Permit applications involving a Battery Energy Storage System, the Zoning Committee shall additionally consider the following: a. Whether the proposed location, setbacks, and site design adequately protect adjacent residential property owners, public roadways, and adjacent land uses. b. Whether the proposed Battery Energy Storage System complies with applicable state and local fire codes, building codes, manufacturer safety standards, and standards set forth by the Public Service Commission of Wisconsin and the National Fire Protection Association. c. Whether the submitted Emergency Response Plan provides reasonable and adequate procedures for emergency shutdown, fire suppression, hazard mitigation, and coordination with local emergency responders. d. Whether proposed screening, lighting, and noise mitigation measures are sufficient to minimize visual, noise, and operational impacts on neighboring properties. e. Whether the proposed decommissioning plan and financial assurance adequately provide for the safe removal, disposal, or recycling of battery components at the end of the facility’s useful life. Page 94 of 96 13 Section 9. Decommissioning and Financial Assurance A. A decommissioning plan is required for a Battery Energy Storage System , Community Scale Solar Energy System or Mid-Scale Solar Energy System.. B. Decommissioning is required upon abandonment or cessation of any operations for twelve (12) months. C. All equipment and infrastructure shall be removed from the project site and the entire solar energy system site restored as required by the conditional use permit or joint development agreement. All solar equipment must be decommissioned and disposed of in accordance with applicable Federal, State, and local laws, regulations, orders, directives and rules. D. Under no circumstances shall any portion of the solar energy system, facilities, or equipment be buried on or adjacent to the project site as part of the decommissioning. E. Financial assurance shall be provided prior to construction. The decommissioning cost estimate shall be prepared by a qualified, independent professional, including but not limited to a Wisconsin-licensed professional engineer, certified professional estimator, or other individual with demonstrated experience in utility-scale solar or battery energy storage system decommissioning. The estimate shall include all costs associated with removal of facilities, site restoration, disposal or recycling of materials, and any related labor, equipment, and transportation costs. The Zoning Administrator may retain, at the applicant’s expense, an independent third-party professional to review the decommissioning cost estimate for reasonableness and completeness and reviewed. F. Financial assurance for decommissioning shall be reviewed and, if necessary, updated at least once every five (5) years, or more frequently if required by the County Zoning Aministrator due to: 1. Changes in project scope or size; 2. Material changes in decommissioning methodology; 3. Inflation or demonstrated increases in decommissioning costs; or 4. Modifications to applicable state or federal requirements. Page 95 of 96 14 G. Insufficient Financial Assurance. If the County determines that financial assurance is insufficient to cover the updated decommissioning cost estimate, the owner or operator shall, within ninety (90) days of written notice, provide additional financial assurance in an amount sufficient to cover the revised estimate. Failure to provide updated financial assurance within the required timeframe shall constitute a violation of this ordinance and may result in enforcement action under Section 10. Sawyer County shall not be responsible for any decommissioning costs exceeding the amount of financial assurance provided. Section 10. Enforcement Violations of this ordinance or permit conditions shall be enforced under the Sawyer County Code of Ordinances. Adoption of this chapter in no way precludes the adoption of any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or any other matter. The issuance of a citation for a violation of this chapter in no way precludes the proceeding under any other law or ordinance relating to the same or any other matter. Section 11. Severability If any provision of this ordinance is held invalid, such invalidity shall not affect other provisions. Section 12. Effective Date This ordinance shall take effect upon adoption and publication as provided by law. Page 96 of 96