(A) Purpose. The purpose of this section is to:
(1) Establish reasonable and uniform regulations for the location, installation, operation, maintenance, and decommissioning of building- mounted wind energy systems (BWES) and small wind energy systems (SWES);
(2) Assure that any development and production of wind-generated electricity in the village is safe and to minimize any potentially adverse effects on adjoining properties and the broader community;
(3) Facilitate the development and production of wind-generated electricity in the village in a manner consistent with the existing character of the village;
(4) Promote the supply of sustainable and renewable energy resources, in support of national, state and local goals; and
(5) Facilitate energy cost savings and economic opportunities for village residents and businesses.
(B) General regulations. Except as specifically provided otherwise in subsections (C) and (D), all WES shall comply with the general regulations set forth in this subsection.
(1) Compliance with laws. All WES shall comply with all applicable village, state and federal laws and regulations, including, without limitation, the provisions of this section, this chapter, and all village building ordinances and regulations.
(2) Compliance with permits. All WES shall comply with all applicable WES permits issued pursuant to this subsection, including, without limitation, all conditions imposed by the village as a condition of issuance of the permits.
(3) Interference with utilities, roads and neighboring properties. No WES shall be operated in a manner so as to interfere with any public right-of-way or any utility system in the village, or so as to interfere with the reasonable use and enjoyment of any other property in the village.
(4) General engineering regulations.
(a) All WES facilities shall be designed to withstand a minimum wind velocity of 100 miles per hour, with an impact pressure of 40 pounds per square foot.
(b) Each WES shall conform to all applicable industry standards, including, without limitation, the standards developed by the American National Standards Institute (ANSI).
(c) All WES facilities shall be equipped with automatic and manual braking systems.
(d) For turbines greater than 20 kilowatts (kw) of nameplate capacity, the seal of a structural engineer shall be required.
(5) General installation regulations; quantity.
(a) Not more than one WES is permitted on each lot.
(b) WES facilities must be installed according to manufacturer specifications.
(c) All necessary electrical connections must be made by a licensed electrician.
(6) General sound level regulations.
(a) The average sound level produced by a WES shall not exceed a maximum of 50 dB(A) during daytime hours, and 40 dB(A) during nighttime hours on any nonparticipating property.
(b) No WES shall operate with an average sound level more than 5 dB(A) above the non-operational ambient level, as measured on any nonparticipating property.
(c) To limit the level of low-frequency sound, the average C-weighted sound level during WES operation shall not exceed the A-weighted ambient sound level by more than 20 dB.
(d) Sound level meters used for sound measurement must meet the requirements of a Type 2 or better precision instrument according to ANSI S1.4 (American National Standard Specification for Sound Level Meters), and must measure the average sound level using an integrating sound level meter that meets the requirements of ANSI S1.43 (American National Standard Specifications for Integrating Averaging Sound Level Meters). Measurement procedures must meet the applicable portions of ANSI S1.29. Average sound-level shall be calculated by time-averaging sound levels for a period of not less than one minute nor more than two minutes. Measurements shall not be made when ground level winds exceed ten miles per hour.
(e) For purposes of calculating sound levels, 5 dB(A) shall be added to the measured average sound level from a WES as a penalty when its sound emissions have an adverse character, as determined by the village’s Building Commissioner in his or her sole discretion, that includes, without limitation, prominent tones (such as, a humming sound) or an amplitude fluctuation in synchronicity with the blade revolution (such as, a periodic swishing sound).
(f) The village may require the owner of a WES as the village may determine necessary, and at the owner’s sole expense, to obtain field tests or sound propagation modeling, conducted or supervised by an acoustics specialist certified by the Institute of Noise Control Engineering, to determine whether a violation of this subparagraph is occurring or has occurred. In the event that a violation is occurring, the owner shall immediately discontinue operation of the WES and promptly remedy the violation.
(7) General shadow flicker regulations.
(a) No shadow flicker caused by any WES shall fall on any nonparticipating property:
1. At any time upon any building on a nonparticipating property that exists as of the date of first operation of the WES; or
2. For more than 50 hours in a calendar year upon any portion of the buildable area of the nonparticipating property.
(b) As a condition of any permit issued pursuant to this subsection, the village may require the applicant to commit to a schedule for turning WES turbines off, in order to ensure compliance with the applicable shadow flicker regulations set forth in this subparagraph.
(8) Cessation of operation in emergency. The owner of the WES shall be required to immediately cease operation of the WES for the duration of any emergency, as determined by the Village Manager or his or her designee. For purposes of this paragraph, an emergency shall mean a condition or situation caused by the WES or a natural or manmade disaster that presents an imminent physical threat of danger to life or significant threat to property.
(9) Electronic interference. WES facilities shall not be operated so as to cause electromagnetic degradation in performance of microwave, television, radio, internet or other wireless transmissions, including public emergency communications systems, in a manner contrary to FCC regulations or other federal, state or local laws. For purposes of this paragraph, “degradation in performance” shall be determined in accordance with the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Electrical Industries Association.
(10) Maintenance.
(a) WES facilities shall be maintained in operable condition at all times, except for reasonable maintenance and repair outages.
(b) Should a WES become inoperable, or should any part of the WES become damaged, or should a WES violate a permit condition, the owner of the WES shall cease operations immediately and remedy the condition within 90 days after receipt of a notice from the village manager or his designee regarding the condition; provided, however, that if the condition presents an immediate threat to the public health, safety, or welfare, the owner of the WES shall remedy the condition promptly.
(11) Decommissioning.
(a) A WES that is not in operable condition for a period exceeding 120 consecutive days shall be deemed abandoned. The owner of an abandoned WES and the owner of the property on which the WES is located shall cause the removal of all WES structures and facilities within 60 days after receipt of a notice of abandonment from the village.
(b) Any abandoned WES that is not removed within 60 days after receipt of a notice of abandonment shall be deemed a public nuisance, which nuisance the village shall have the right, but not the obligation, to summarily abate by removing such WES at the joint and several expense of the owners of the WES and of the property on which the WES is located. In the case of such removal, the village shall have the right, but not the obligation, to file a lien for reimbursement of any and all expenses incurred by the village in connection with the removal, including, without limitation, attorney fees and accrued interest.
(c) Upon removal of the WES, the subject property shall be restored to its original pre-WES-construction condition.
(C) Building-mounted wind energy systems (BWES).
(1) Permitted locations. Building-mounted wind energy systems are allowed as a special use on a property located in any zoning district, and only upon issuance of a special use permit in accordance with the following:
(b) Upon the approval of a special use permit for the BWES pursuant to this section, the village shall record the maintenance covenant submitted pursuant to § 153.247(D)(10)(a)6. with the Recorder of Deeds of Cook County, Illinois.
(2) Type. The BWES may be either a vertical axis wind turbine or a horizontal axis wind turbine.
(3) Use and energy production restrictions. A BWES must be an accessory use to the principal use on the lot on which it is located. The primary purpose of the BWES shall be the production of energy for local distribution and consumption on the lot on which the BWES is located. A BWES shall not be constructed for the sole purpose of energy production for wholesale or retail sale purposes; provided, however, that excess energy produced by an BWES may be sold to a local electric utility company.
(4) Installation. BWES devices may be structurally attached either on the roof or on the side of a principal building or detached garage, if in accordance with the village’s building and construction regulations.
(5) Setbacks. All portions of all BWES (including, without limitation, the blades of any turbines) shall comply with the generally applicable setback restrictions for the zoning district in which the BWES is located.
(6) Height. No portion of any BWES shall extend more than ten feet above the highest point of the building on which it is mounted, and in no circumstance shall exceed 45 feet in height.
(7) Diameter. Unless authorized pursuant to a special use permit, the maximum diameter of a BWES shall not exceed the lesser of ten feet, or 20% of the width of the front elevation of the building on which the BWES is mounted.
(8) Color and sun glint. BWES facilities shall be finished in a neutral color. The finish shall be flat or matte, so as to reduce incidence of sun glint. The required coloration and finish shall be maintained throughout the life of the BWES.
(9) Signage. No BWES shall have any advertising material, writing, picture, or signage, other than warning information or manufacturer identification.
(10) Environmental impact. In order to reduce potential bird perching and nesting, all structures used for BWES facilities shall be designed as enclosed tubular structures with pointed tops (monopoles), rather than lattice structures, unless alternative mitigation strategies are otherwise approved by the village.
(11) Sworn statement. Not less than once every 12 months, the owner of each BWES shall submit to the village a sworn statement that the operation and maintenance of the WES has been performed in compliance with all applicable directions issued by the manufacturer thereof, along with supporting evidence as may be requested by the village.
(D) Small wind energy systems (SWES).
(1) Permitted locations. A SWES is allowed as a special use on a property located in any zoning district, and only upon issuance of a special use permit in accordance with the following:
(b) Upon the approval of a special use permit for the SWES pursuant to this subsection, the village shall record the maintenance covenant submitted pursuant to § 153.247(D)(10)(a)6. with the Recorder of Deeds of Cook County, Illinois.
(2) Type. The SWES may be either a vertical axis wind turbine or a horizontal axis wind turbine.
(3) Use and energy production restrictions. A SWES must be an accessory use to the principal use on the lot on which it is located and shall not be permitted as a principal, “stand-alone” use. The primary purpose of the SWES shall be the production of energy for local distribution and consumption on the lot on which the SWES is located. A SWES shall not be constructed for the sole purpose of energy production for wholesale or retail sale purposes; provided, however, that excess energy produced by an SWES may be sold to a local electric utility company.
(4) Height. No portion of any SWES shall exceed 45 feet in height. No SWES may have a blade tip that, at its lowest position, is less than 15 feet above ground level at the base of the SWES.
(5) Setbacks. All portions of all SWES (including, without limitation, the blades of any turbines) shall comply with the generally applicable setback restrictions for the zoning district in which the SWES is located and with the following additional setback restrictions, to be measured from the base of the SWES tower:
(a) A SWES may not be constructed within or over any utility, water, sewer, or other type of recorded easement.
(b) A SWES may not be constructed within 10 feet from a top bluff edge or on a bluff of Lake Michigan.
(c) A SWES shall be set back from all lot lines, third party transmission lines, and communication towers a minimum distance equal to 110% of the height of the SWES.
(d) Guy wires and anchoring systems for a SWES shall not be located closer than 30 feet from any lot line or public right-of-way.
(e) No SWES may be located in the front yard or required side yard of any property.
(6) Diameter. Unless authorized pursuant to a special use permit, the diameter of a SWES shall not exceed ten feet.
(7) Color and sun glint. All SWES facilities shall be finished in either off-white, light gray or another neutral color. The finish shall be flat or matte, so as to reduce incidence of sun glint. The required coloration and finish shall be maintained throughout the life of the SWES.
(8) Signage.
(a) No SWES shall have any advertising material, writing, picture, or signage other than warning signage, turbine tower identification, or manufacturer or ownership information.
(b) Except for meteorological and weather devices, or bird flight diverters on guy wires, no flag, decorative sign, streamers, pennants, ribbons, spinners or waiving, fluttering or revolving devices shall be attached to any portion of the SWES.
(c) One or more warning signs, no less than 18 square inches and no greater than two square feet in area, shall be posted at the base of an SWES tower. The sign shall include a notice of no trespassing, a warning of high voltage, and the emergency telephone number of the owner of the SWES.
(d) The sign area of any sign displaying the manufacturer’s identification or ownership information shall be no larger than one square foot.
(9) Climb prevention. The base of the tower shall not be climbable for a vertical distance of 15 feet from the base, unless the tower is enclosed with a locked barrier that is at least eight feet in height.
(10) Lighting.
(a) SWES facilities shall comply with all applicable FAA lighting regulations and any other federal, state or village lighting regulations.
(b) SWES facilities shall not be artificially lighted except as expressly required by the FAA or as necessary for the safety of personnel performing maintenance of, or repairs to, the facilities. Any such artificial lighting shall be shielded so that no glare extends beyond the property lines of the property on which the SWES is located.
(c) Any security or emergency lighting shall be used only to the minimum extent necessary.
(d) In order to reduce the impact on local wildlife, only red, dual red-and-white strobe, strobe-like, or flashing lights shall be used for SWES facilities.
(11) Environmental impact.
(a) SWES facilities, and the property on which such facilities are located, shall be maintained in accordance with the environmental plan submitted pursuant to § 153.247(D)(4).
(b) In order to reduce potential bird perching and nesting, all towers used for SWES facilities shall be designed as enclosed tubular structures with pointed tops (monopoles), rather than lattice structures, unless alternative mitigation strategies are otherwise approved by the village.
(12) Burial of electrical wires. All electrical wires and lines connecting to the SWES facilities shall be installed underground and their location shall be reported to the village.
(13) Sworn statement. Not less than once every 12 months, the owner of each SWES shall submit to the village a sworn statement that the operation and maintenance of the WES has been performed in compliance with all applicable directions issued by the manufacturer thereof, along with supporting evidence as may be requested by the village.
(E) Indemnification. Each special use permit for a WES shall be subject to at least the following: The owner of each WES, and the owner of the property on which the WES is located, shall jointly and severally defend, indemnify and hold harmless the village and its officials from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities whatsoever including attorneys fees arising out of any permit, approval, inspection, or other act or omission of the village, or any acts or omissions of the owners concerning the operation of the WES project without limitation, whether said liability is premised on contract or on tort.
(F) Subsequent development. No WES that is constructed and operated in compliance with this subsection shall be deemed to be in violation of this subsection solely as a result of any construction on any nonparticipating property that occurs after the first date of operation of the WES.
(Ord. 1082, passed 5-21-2012)