11-13-7: WIND ENERGY CONVERSION SYSTEM (WECS), SMALL:
   A.   In addition to the information and requirements hereinbefore specified, a small wind energy system may be permitted provided that a site plan is submitted to the village that must contain and is in compliance with the additional following requirements:
      1.   Setbacks: All parts of the structure of a small wind energy conversion system including the tower, base, footings, and turbine, but excluding guy cables and their anchors, shall be set back no less than 1.1 times the height of the renewable energy system from the end user's property line and all adjacent property lines, road right of way, railroad right of way, and right of way for overhead electrical transmission or distribution lines unless a variance is authorized by the village board.
      2.   Location: Small wind power generation facilities or small WECS must conform to the following requirements:
         a.   No building or tower that is part of a wind power generation facility or WECS shall encroach onto any recorded easement prohibiting the encroachment unless the grantees of the easement give their approval to such in writing and said approval is provided to the village;
         b.   No facility shall encroach onto an existing septic field;
         c.   Any wind power generation or WECS facility located in a special flood hazard area or wetland shall comply with the requirements of the FP floodplain overlay district and Illinois department of natural resources;
         d.   A tower that is part of a wind power generation facility shall require engineering by a licensed engineer; and
         e.   A wind power generation facility may be located on the same lot as one or more structures or uses.
      3.   Noise: The small WECS shall not exceed a noise level of sixty (60) decibels as measured at the closest property line. This noise level may be exceeded only during short term events such as utility outages and/or severe windstorms.
      4.   Building Permit Applications: In addition to the special use permit application hereinbefore specified, a building permit application of the village must be completed and approved. The building permit must include standard drawings of the system structure, including the tower, base, footings, and guy cables and certified by a licensed engineer. This certification may be supplied by the manufacturer, developer, or owner on behalf of the party moving to construct the wind energy conversion system.
         a.   Notifications Regarding Aircraft: Small WECS shall comply with all applicable regulations of the FAA, including any necessary approvals for installations closer than two (2) miles to an airport. The applicant has the responsibility of determining the applicable FAA regulations and securing the necessary approvals. If the system is proposed to be sited in an agricultural area that may have aircraft operating at low altitudes, the applicant shall notify all such crop dusting businesses no later than five (5) business days prior to submitting a building permit application. Copies of letters of such approvals must be attached with the building permit application. Orange safety balls shall be installed on each side of towers where guywires are used for towers over eighty feet (80') in height.
         b.   Local Utility Company Notification: If a small WECS is intended to be connected to the electricity grid, the applicant shall notify the electric utility service provider that serves the proposed site of his intent to install an interconnected customer owned electricity generator no later than five (5) business days prior to submitting a building permit application. Copies of letters of approval from the local utility company must be attached to the building permit application.
      5.   Minimum Distances: The distance between any protruding blades utilized on a small WECS and the ground shall be a minimum of fifteen feet (15') as measured at the lowest point of the arc of the blades.
      6.   Radio And Television Signals: The small WECS shall not cause any radio, television, microwave, or navigation interference. If a signal disturbance problem is identified, the applicant shall correct the problem within ninety (90) days of being notified of the problem.
      7.   Appearance: The small WECS shall maintain a galvanized neutral finish or be painted to conform the system color to the surrounding environment to minimize adverse visual effects. No small WECS shall have any signage, writing, pictures, or decorations placed on it at any time other than warning, equipment, and ownership information. No small WECS shall have any flags, streamers, banners, and other decorative items that extend from any part of the system placed on it at any time.
      8.   Lighting: The small WECS must comply with all lighting requirements as specified by the FAA, and, whenever possible, be at the lowest intensity allowed using red lights at night. If more than one lighting alternative is available, the alternative that causes the least visual disturbance must be used.
      9.   Equipment: Unless located underground, any electrical equipment associated with a wind energy system shall be located under the sweep area of a blade assembly unless a variance is approved by the village board.
      10.   Electrical Wires: All electrical wires associated with a wind energy system, other than wires necessary to connect the wind turbine to its base and to overhead collection lines, shall be located underground unless a variance is approved by the village board. Transmission lines and transmission line poles shall not be located on road rights of way except as necessary to cross over a road.
      11.   Fencing: The tower shall be enclosed with a fence of at least six feet (6') in height or the base of the tower shall not be climbable for a distance of eight feet (8') measured from the ground.
      12.   Required Safety Features: The small WECS shall have an automatic overspeed control to render the system inoperable when winds are blowing in excess of the speeds for which the system is designed and a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system.
      13.   Tower Height: Tower height shall be measured from the height above grade to the highest point of the arc of the blades and shall be limited per the size of the lot on which the tower is constructed as follows:
 
0.99 or less acres
50' x 50'
1 to 1.99 acres
65' x 65'
2 to 4.99 acres
80' x 80'
5 or more acres
150' x 80'
 
      14.   Signal Interference: The owner of a WECS must take such reasonable steps as are necessary to prevent, eliminate, or mitigate any interference with cellular, radio or television signals caused by the WECS.
      15.   Liability Insurance: Prior to issuance of a building permit, the applicant shall provide the village with proof of a general liability insurance policy at a level to be determined by the village board in consultation with the village's insurer, to cover damage or injury that might result from failure of any part of the wind energy facility. (Ord. 2013-11, 3-21-2013)