A. Purpose: The purpose of this section is to provide regulations for the permitting of utility scale wind energy conversion systems (U-SWECS) for the purpose of preserving and protecting natural resources such as forests, tributaries, and habitat; provide restrictions for the development of the U-SWECS to ensure the quality of life for adjacent property owners, aesthetic qualities of the county and to prevent detriment to the public health, safety and welfare.
B. Filing Of U-SWECS Special Use Application Packet: The packet shall include the following information:
1. Number Of Copies: The applicant for a U-SWECS special use shall file twenty five (25) copies of application, including ten (10) full size copies of exhibits and fifteen (15) reduced copies of all exhibits, with the land use department of the county, together with the appropriate site review application fee. The applicant is to provide up to ten (10) additional copies of the application to the county upon request.
2. Land Use Department Action: The land use department of the county, upon receiving said application, shall do the following:
a. Accept for filing, and date stamp as filing, any application that is filed. The date stamp of the land use department should be considered the official filing date for all time limit purposes. Receipt and acceptance of an application by the department is pro forma, and does not constitute an acknowledgment that the applicant has complied with the county ordinances.
b. The land use department shall make available a copy of the application and public record concerning the application for public inspection during the normal business hours of the department. Additionally, the department shall provide to any person so requesting, copies of the application or the public record, upon payment by such persons for the actual cost of reproduction.
3. Form Of Applications:
a. All applications shall be in writing on paper of eight and one-half inches by eleven inches (81/2" x 11"), eight and one- half inches by fourteen inches (81/2" x 14"), or eleven inches by seventeen inches (11" x 17").
b. The pages of the application shall be consecutively numbered, and all exhibits clearly marked and identified.
c. The text portion of the application (not including exhibits or graphic presentations) shall be furnished in an electronic format. The exhibits or graphic representations may also be furnished in electronic format.
C. Content Of U-SWECS Special Use Application: Every U-SWECS application shall include the following information and documentation:
1. Host Agreement: An executed host agreement must be appended to, and included as part of, any U-SWECS special use application filed with the county.
2. Applicant Information: The applicant shall describe itself, its legal standing as to whether it is a corporation, limited liability company, individual, or other legal entity and shall identify its officers and directors, shareholders, and members. It shall also identify its parent and subsidiary companies. The same information shall be provided for all owners and operators of the U-SWECS system. In addition, the applicant shall identify the property owners that have entered into leases or agreements with the applicant and proof must be included that the applicant has the legal authority to bring this application in the name of such property owners.
3. Project Description: The applicant shall provide a general description of the project, including its total approximate nameplate generating capacity; the equipment manufacturer, the type and model of U-SWECS proposed, the number of U-SWECS, the nameplate generating capacity of each U-SWECS, the proposed height of each U-SWECS tower and the diameter of each U-SWECS rotor.
4. Site Plan:
a. All proposed setback dimensions.
b. All proposed structures on the property, including, but not limited to, U-SWECS towers, substations, and service roads.
c. Topographic site information for the subject property and the adjacent properties within a quarter mile of the property line of the subject property indicating contours in five foot (5') intervals.
d. Existing structures on subject property and properties within a quarter mile of the property.
e. All existing and proposed underground and aboveground utilities.
f. All rights of way, wetlands, wooded areas, and public conservation lands.
g. Ingress and egress from the site as proposed during construction and thereafter, which indicates:
(1) Proposed road surface and cover.
(2) Dust control.
(3) Width and length of access route and location of ingress.
(4) Road maintenance progress or schedule for proposed use of land.
h. Certified easements, contracts, waivers, and option agreements for proposed use of the land.
i. Notice by registered mail or certified mail to residents and residential microwave users within a two (2) mile radius of the subject property informing them of the proposed U-SWECS.
j. Utility interconnection details and a copy of written notification to the utility company requesting the proposed interconnection.
k. Fire protection plan for the construction and the operation of the facility.
l. Revegetation plan of the areas that will be disturbed.
m. Drainage plan and erosion control plan.
n. Description of hours of operation for construction and maintenance of the facility, numbers of employees and type of traffic expected to be generated from the site.
o. Public road routes.
D. Design And Installation Requirements:
1. Height: The total height of a U-SWECS tower with blade or a meteorological tower used in conjunction with the U-SWECS shall not exceed four hundred feet zero inches (400'0") unless specifically allowed by the Grundy County board. (Ord. 10-001, 1-12-2010; amd. Ord. 2012-015, 4-10-2012)
2. Setbacks: The setback of the towers shall not be less than the following:
a. Lot lines: 1.1 times the total height of the structure.
b. Pipelines and public rights of way: 1.1 times the total height of the structure.
c. Public roads: 1.1 times the total height of the structure.
d. Power or communication transmission line above or below ground: 1.1 times the total height of the structure.
e. Inhabited structures of participating properties: Seven hundred fifty feet (750') of any occupied dwelling, commercial business, school, church, hospital, or retail business when such building is occupied or used by humans on average of at least ten (10) hours per week, unless written permission is granted from the owner of such occupied structure for a lesser setback.
f. High water mark of navigable waterways: One thousand feet (1,000').
g. Public parks: One thousand eight hundred feet (1,800').
h. Driveway/access easements: One thousand feet (1,000').
i. Highways: 1.1 times the total height of the structure.
j. Public conservation lands: One thousand feet (1,000').
k. Nonparticipating inhabited structures: Inhabited structures on adjacent lands have a setback of one thousand feet (1,000'). Occupied residential and commercial buildings including, but not limited to, occupied dwellings, schools, churches, hospitals, retail buildings, and commercial buildings have a setback of one thousand eight hundred feet (1,800').
l. Any waiver of any setback requirement shall only be considered an effective compliance with this subsection if said waiver runs with the land and is recorded as part of the chain of title and the deed of the subject property.
m. Private air strips and restricted landing areas: Three thousand feet (3,000') from either side of a restricted landing area or five thousand feet (5,000') from the landing approach or departure surface end of the runway. (Ord. 2011-016, 10-11-2011; amd. Ord. 2012-015, 4-10-2012)
3. Color, Finish, And Appearance: The tower and the blades of the U-SWECS shall be nonreflective and white or gray or another nonreflective unobtrusive color that will aid in blending the system to the environment. The finish of the tower and the blades shall be matte and nonreflective. Blades may be colored black for deicing purposes. The towers and blades shall be uniform in style and color and direction of blade rotation. Any on site buildings shall be designed such that they are unobtrusive to minimize the industrial character of the project. All colors, finishes and design shall conform to all applicable FAA requirements. Except for required warnings, no lettering, company insignia, advertising or graphics shall be on any part of the tower, hub or the blades.
4. Blade Clearance: The vertical distance from the grade to the tip of the wind turbine blade when the blade is at its lowest point must be at least thirty five feet (35').
5. Lighting: If the towers are required by the FAA to be lit, the lights shall meet the FAA requirements at the lowest intensity allowed. No glare shall extend beyond the boundaries of the U-SWECS. Red strobe lights, which are timed to activate at intervals in unison, are preferred for nighttime illumination to reduce impacts on migrating birds. The applicant shall seek leave from the FAA to utilize the least intrusive lighting possible.
6. Controls And Brakes: All U-SWECS shall be equipped with manual and automatic controls and mechanical brakes to limit rotation of the blades to a speed below the design limits of the U-SWECS. A professional engineer or authorized factory representative must certify that the rotor and overspeed control design and fabrication conform to good engineering practices. No changes or alterations from the certified design shall be permitted unless accompanied by a professional engineer's or authorized factory representative's statement or certification and approved by the company.
7. Electrical Components: All electrical components of the U-SWECS shall conform to all applicable local utility standards and national electric codes. All electrical wires and lines connecting each U-SWECS to other U-SWECS shall be installed underground.
8. Shadow Flicker: The applicant shall conduct an analysis on the potential shadow flicker onto nonparticipating properties. The analysis shall identify the locations of shadow flicker that may be caused by the project and the expected durations of the flicker at these locations from sunrise to sunset over the course of a year. The analysis shall include measures to eliminate or mitigate these problems if a habitable residence is impacted by the shadow flicker on a nonparticipating property.
9. Environmental Impact: The applicant shall have a third party, qualified professional conduct an analysis to identify and assess any potential impacts on the natural environment including wetlands and other fragile ecosystems, historical or cultural sites and antiquities. The applicant shall take appropriate measures to minimize, eliminate or mitigate adverse impacts identified in the analysis. The applicant shall identify and evaluate the significance of any effects or concerns that will remain after mitigation efforts.
10. Avian And Wildlife Impact: The applicant shall have a third party, qualified professional conduct an analysis to identify and assess any potential impacts on wildlife and endangered species. The applicant shall take the appropriate measures to minimize, eliminate or mitigate adverse impacts identified in the analysis. The applicant shall identify and evaluate the significance of any net effects or concerns that will remain after mitigation efforts.
11. Warning Signage: Signs warning of the high voltage associated with the U-SWECS shall be posted at every entrance to the facility, at the base of all pad mounted transformers and substations. Visible, reflective, colored objects such as flags, reflectors or tape shall be placed on the anchor points of guywires and along the guywires up to a height of not less than eight feet (8') from the ground. A sign that provides emergency contact information, such as phone number, shall be posted near the tower and the operations and maintenance building.
12. Landscaping: Applicant shall minimize the disruption of natural environment, retain existing vegetation and native plant species to the maximum extent feasible and replant with native vegetation if existing vegetation is disturbed during construction. Landscaping shall be used as part of screening from adjacent properties or public view. All landscaping shall comply with the requirements set forth in chapter 9, "Landscaping And Tree Protection", of this title.
13. Federal And State Requirement Compliance: The U-SWECS shall meet or exceed any standards and regulations of the FAA and any other agency of the state or federal government with the authority to regulate U-SWECS.
14. Power Lines: All electrical control wiring and power lines shall be wireless or not aboveground except where wind farm collector wiring is brought together for connection to the transmission or distribution network, adjacent to that network.
15. Access Roads: The applicant shall minimize the number and width of access roads, minimize cut and fill on sloping terrain and use natural terrain where feasible for these access points.
16. Roads: All routes on either county or township roads that will be used for the construction and maintenance purposes shall be identified on the site plan. All routes for either egress or ingress need to be shown. The routing shall be approved subject to the approval of the Grundy County highway engineer in coordination with the township road commissioners. The developer shall provide and complete a preconstruction baseline survey to determine existing road conditions for assessing potential future damage due to development related traffic. The developer applicant shall provide a road repair plan to ameliorate any and all damage, installation or replacement of roads that might be required by the developer. The developer applicant shall provide a letter of credit or a surety bond in an amount and form approved by the highway/roadway official(s).
17. Sound Pressure Level: The sound pressure level generated by a U-SWECS shall comply with all Illinois pollution control board (hereafter referred to as IPCB) noise regulations and in no event shall a U-SWECS exceed fifty five (55) dB at any point on adjacent properties. A modeling analysis of the proposed site shall be done and included in the application predicting the sound pressure in accordance with IEC 61400 and ISO 7613. To demonstrate compliance with the IPCB regulatory limits the modeling must perform its analysis from the noise emitting property to the property line of the neighboring property lines. After the U-SWECS is completed and operational, a third party shall complete a sound pressure analysis of the existing conditions. This analysis shall be completed and returned to the Grundy County land use office within sixty (60) days. The applicant must immediately cease any violation of the IPCB regulations unless said violation is excused and waived by the affected landowners and occupants.
18. Property Value Protection Plan: The U-SWECS application shall include a plan to protect the property values of any nonparticipating real property owner within two (2) miles of a U-SWECS tower or substation.
19. Complaint Resolution: The applicant shall develop a process to resolve any complaints that may arise from neighboring property owners during the construction and operation of the U-SWECS. The process may use an independent mediator or arbitrator and shall include a time limit for acting on a complaint that is received. The process shall not preclude the local government from acting on a complaint. The applicant shall provide to the nearby residents a phone number of the project manager during the construction of the facility if a problem should arise.
20. Safety/Climb Prevention: All U-SWECS shall be designed to prevent unauthorized access to electrical and mechanical components or access to the towers on the site. All towers shall not be climbable from the ground to fifteen feet (15') aboveground and all access doors to towers and equipment shall be lockable.
21. Waste Disposal: All solid waste generated from supplies, equipment, parts, packaging or operation of the facility shall be removed from the site immediately and disposed of in an appropriate manner. Any hazardous waste that is generated by the facility, including, but not limited to, lubricating materials, shall be removed consistent with all local, state and federal rules and regulations.
22. Signal And Electromagnetic Interference: U-SWECS shall not be installed in any location where its proximity to existing fixed broadcast, retransmission or reception antennas for radio, television or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception unless the applicant provided a replacement signal to the affected party that will restore reception to at least the level present before operation of the wind energy system. U-SWECS shall not be installed in any location within the line of sight of an existing microwave communications link where operation of the wind energy system is likely to produce electromagnetic interference in the link's operation unless the interference is insignificant. Any complaints that are received after the operation of the U-SWECS shall require that the owner or operator take reasonable steps to address the issue. In order to prevent potential issues in the future, the applicant shall contact all communication tower operators within five (5) miles of the proposed U-SWECS to address any potential conflicts.
23. Drainage: The plan shall state that any damage to waterways, drainage ditches, field tiles or any other infrastructures caused by the construction or maintenance of the U-SWECS shall be completely repaired to near original condition and so as not to impede the natural flow of water. All repairs shall be completed within a reasonable amount of time. The U-SWECS owner is to notify the county engineer that the construction of any part of the project encounters any underground field drainage tiles. A plan sufficient to provide remediation shall be submitted, reviewed and subject to the approval of the county engineer. All existing drainage tiles that will be crossed by private access roads shall be removed and replaced with load resistant tiles as specified by the county engineer. This shall be done before the private access roads are used for construction purposes. The load resistant tiles shall extend a minimum of thirty feet (30') across the private access roads and shall be of the same diameter of the existing tiles. To ensure that all drainage tiles are located, reasonable measures shall be made to locate all existing tiles in the vicinity of the private access roads by exploratory trench or other appropriate methods. All drainage tiles that are encountered during construction shall be noted on the site plan. Financial assurances in the form of cash or an escrow account, surety bond or a letter of credit in a form and amount acceptable to the county engineer shall be posted to assure compliance with this section.
24. Conformance To Industry And Code Standards/Engineer Certification: The U-SWECS shall comply with all applicable local and county codes for the electrical, mechanical and structural components of the facility. All documents provided for review shall be stamped and signed by a professional engineer.
25. Operation And Maintenance: Each applicant or successor in interest shall have the facility inspected annually by third party qualified wind power professionals at their own expense. The third party qualified wind power professional shall be subject to the approval of the Grundy County land use department. Within fifteen (15) days of the inspection a copy of all reports shall be provided to the Grundy County land use department. The U-SWECS shall not operate unless a certificate is provided to the Grundy County land use department indicating that the annual maintenance has been completed and the facility is in good working condition. Failure to provide this annual certification may cause the revocation of the special use as issued by Grundy County.
E. Decommissioning Or Abandonment Of The U-SWECS: Prior to receiving a special use of the U-SWECS, the operator/owner shall provide for a decommissioning plan for the anticipated service life of the facility or in the event that the facility is abandoned or has reached its life expectancy. If the U-SWECS is out of service or not producing electrical energy for a period of nine (9) months, it will be deemed nonoperational and decommissioning and removal of that facility will need to commence according to the decommissioning plan provided and approved. The decommissioning plan shall have the following information provided:
1. Removal of the following within two hundred seventy (270) days:
a. All wind turbines, aboveground improvements and outside storage.
b. Foundations, pads and underground electrical wires and reclaim the site to a depth of four feet (4') below the surface of the ground.
c. Hazardous material from the property and dispose of in accordance with federal and state law.
d. A cost estimate for the decommissioning of the facility shall be prepared by a professional engineer or contractor who has expertise in the removal of U-SWECS. The decommissioning cost estimate shall explicitly detail the cost before considering any projected salvage value of the out of service U-SWECS. The decommissioning cost shall be made by cash, surety bond or irrevocable letter of credit before any construction commences.
e. A restoration plan shall be provided for the site.
F. Liability Insurance: The owner or operator of the U-SWECS shall maintain a current general liability policy covering bodily injury and property damage and name Grundy County as an additional insured with limits of at least two million dollars ($2,000,000.00) per occurrence and five million dollars ($5,000,000.00) in the aggregate with a deductible of no more than five thousand dollars ($5,000.00).
G. Administration And Enforcement: The land use department shall enforce the provisions of this section through an inspection of the U-SWECS facility every year. The land use department is hereby granted the power and authority to enter upon the premises of the U-SWECS at any time by coordinating a reasonable time with the operator/owner of the facility. Any person, firm or corporation who violates, disobeys, omits, neglects, refuses to comply with, or resists enforcement of any of the provisions of this section shall, upon conviction, be fined not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. Each tower, nacelle, or any other component of the U-SWECS shall be the subject of a separate violation and further each week that a violation is permitted to exist shall constitute a separate offense. Other actions may be taken by law or in equity to prevent or to remedy any violation of this section and these remedies shall be in addition to any other remedies, damages or penalties. (Ord. 10-001, 1-12-2010; amd. Ord. 2012-015, 4-10-2012)