For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. The entity who submits to the county an application for the siting and operation of any WECS or substation. All references to APPLICANT in this chapter shall include the APPLICANT'S successors-in-interest and assigns, which includes a WECS permittee (as defined below).
COMMERCIAL OPERATION DATE. The calendar date on which the WECS project produces power for commercial sale, not including test power.
COMMERCIAL WIND ENERGY FACILITY. A wind energy conversion facility of equal or greater than 500 kilowatts in total nameplate generating capacity. Also referred to herein as "wind energy conversion system" or "WECS" or "WECS project".
FINANCIAL ASSURANCE or FINANCIAL SECURITY or DECOMMISSION SECURITY. Assurance from a credit-worthy party, examples of which include a surety bond (e.g., performance and payment bond), trust instrument, cash escrow, or irrevocable letter of credit.
METEOROLOGICAL TOWER. Those towers which are erected primarily to measure wind speed and direction plus other data relevant to siting and operation of a WECS project. For purposes of this chapter, METEOROLOGICAL TOWERS do not include towers and equipment used by airports, the Illinois Department of Transportation, or other similar applications or government agencies, to monitor weather conditions.
NONPARTICIPATING PROPERTY. Real property that is not a participating property.
NONPARTICIPATING RESIDENCE. A residence that is located on nonparticipating property and that is existing and occupied on the date that an application for a permit to develop the WECS project is filed with the county.
NOTICE TO PROCEED. A written document, named as such, stating that the applicant expresses an intent to commence construction activities on a WECS project and identifying the date on which the construction activities are scheduled to commence.
OCCUPIED COMMUNITY BUILDING. Any one or more of the following buildings that is existing and occupied on the date that the application for a permit to develop the WECS project is filed with the county: a school, place of worship, day care facility, public library, or community center.
OPERATOR. The person or entity responsible for the day-to-day operation and maintenance of the wind energy conversion system, including any third-party subcontractors. The OPERATOR must be a qualified wind power professional. All references to OPERATOR in this chapter shall include the OPERATOR'S successors-in-interest and assigns.
OWNER. The person or entity or entities with an equity interest in a wind energy conversion system, including their respective successors-in-interest and assigns. The OWNER does not mean: (i) the property owner from whom land is leased for locating a wind energy conversion system (unless the property owner has an equity interest in a wind energy conversion system); or (ii) any person holding a security interest in a wind energy conversion system solely to secure an extension of credit, or a person foreclosing on such security interest, provided that after foreclosure, such person seeks to sell a wind energy conversion system at the earliest practicable date. This definition includes the definition of facility owner as defined in 55 ILCS 5/5-12020.
PARTICIPATING PROPERTY. Real property that is the subject of a written agreement between a facility owner and the owner of the real property that provides the facility owner an easement, option, lease, or license to use the real property for the purpose of constructing a WECS project or supporting facilities. PARTICIPATING PROPERTY also includes real property that is owned by a facility owner for the purpose of constructing a WECS project or supporting facilities.
PARTICIPATING RESIDENCE. A residence that is located on participating property and that is existing and occupied on the date that an application for a permit to develop the WECS project is filed with the county.
PROFESSIONAL ENGINEER. A qualified individual who is licensed as a professional engineer in any state in the United States. Where a structural engineer is required to take some action under the terms of this chapter, a PROFESSIONAL ENGINEER may serve as the structural engineer if he or she has the appropriate structural engineering certification.
PROTECTED LANDS. Real property that is subject to a permanent conservation right consistent with the Real Property Conservation Rights Act, or registered or designated as a nature preserve, buffer or land and water reserve under the Illinois Natural Areas Preservation Act.
PUBLIC CONSERVATION LANDS. Land owned in fee title by county, state or federal agencies and managed specifically for conservation purposes, including but not limited to county, state and federal parks, state and federal wildlife management areas, state scientific and natural areas, and federal wildlife refuges and waterfowl protection areas. PUBLIC CONSERVATION LANDS do not include private lands upon which conservation easements have been sold to government agencies or non-profit conservation organizations. PUBLIC CONSERVATION LANDS also do not include private lands for which the owners have entered into contractual relationships with the government or non-profit conservation organizations for conservation purposes.
SPECIAL USE APPLICATION. An application approved by the Subdivision and Land Use Committee, after a hearing, allowing a particular use at a specified location subject to compliance with certain specified special conditions as may be required by the Subdivision and Land Use Committee.
SUBSTATION. The apparatus that collects and connects the electrical collection system of the WECS(s) and increases the voltage for connection with the utility's transmission lines.
SUPPORTING FACILITIES. The transmission lines, substations, access roads, meteorological towers, storage containers, and equipment associated with the generation and storage of electricity by the WECS.
WECS APPLICANT. An applicant who applies for and receives a special use application approval under this chapter for the siting and operation of any WECS or substation. All references to a WECS APPLICANT in this chapter shall include a WECS APPLICANT'S successors-in-interest and assigns.
WECS BUILDING PERMIT. A permit necessary for the commencement of work performed toward the construction, erection, or installation of an approved WECS, substation or operations and maintenance building in connection with a WECS project. A WECS BUILDING PERMIT may be issued by the county after a WECS project has obtained a special use application approval from the Subdivision and Land Use committee in addition to the County Board determining that all conditions, if any, have been satisfied that are imposed by the special use application. The WECS BUILDING PERMIT shall require the Jersey County Code Administrator to deliver a written "notice to proceed" for the WECS project prior to commencement of construction of the WECS project. The term "commencement of construction", as used in this chapter, includes any site development work (e.g., demolition, grubbing, grading, excavation, road work, construction of project-related structures and infrastructure improvements, and the like) regarding the WECS project.
WECS TOWER or WIND TOWER. Includes wind turbine tower, nacelle, and the top surface of the WECS blades.
WECS TOWER HEIGHT. The distance from the rotor blade at its highest point to the top surface of the WECS foundation.
WIND TURBINE. Any piece of electrical generating equipment that converts the kinetic energy of moving wind into electrical energy through the use of airfoils or similar devices to capture the wind.
(Ord. WEC-23, passed 8-8-2023)