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The purpose of this section is to adopt and incorporate the requirements and standards of Sections 66.0401 and 66.0403, Wis. Stats., to regulate solar energy systems (hereinafter referred to as “SES”) for the production of electricity and/or conversion of energy for uses on site as well as those systems which produce electricity for off-site use and distribution. The regulations of this section have been established to ensure SES are sited, constructed, maintained, operated, and decommissioned in a manner that maximizes utilization of Kenosha County’s solar energy resources, while also balancing the need for clean renewable energy and protecting the public health, safety and welfare of the community.

(a) SES equal to 100 MW or greater shall follow the requirements of the PSC and must enter into a MOU with the County and the Town.

(b) SES less than 100 MW designed to provide energy to off-site uses and/or export to the wholesale or retail sale market, are considered a commercial use and are subject to the conditional use permit process as described in section 12.40 of the Municipal Code of Kenosha County.

(c) The Department will use the most recent industry accepted standards (U.S. Department of Energy) as it relates to average single-family electrical usage, daily watt hours formula, local peak sun hour numbers, or any other related standards for SES determinations.

(d) Kenosha County is not responsible to remove or force the removal of any structures or vegetation on adjacent properties that may exist at the time of installation or may be constructed/installed in the future to block any portion of the SES.

(e) All applications regulated by this section may be subject to additional conditions and restrictions consistent with but no more restrictive than those in Section 66.0401(1m), Wis. Stats., where such conditions are considered and applied on a case-by-case basis, as well as satisfy one of the following:

1. Serves to preserve or protect the 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. [Ord. 6 (2022).]