(A) A Design Safety Certification.
(1) WECSs shall conform to applicable industry standards, including those of the American National Standards Institute ("ANSI"). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from Underwriters Laboratories ("UL"), Det Norske Veritas ("DNV"), Germanischer Lloyd Wind Energie ("CGL"), or an equivalent third party. All turbines shall be new equipment commercially available; no used or experimental equipment shall be used in the WECS Project without the approval of a variance by the County Board.
(2) Following the granting of siting approval under this chapter, a structural engineer shall certify, as part of the WECS Building Permit application process, that the foundation and tower design of the WECS is within accepted professional standards, given local soil, subsurface and climate conditions.
(B) Controls and brakes. All WECSs shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, tilt, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
(C) Electrical components. All electrical components of the WECS shall conform to applicable local, state, and national codes, and relevant national and international standards (e.g. ANSI and International Electrical Commission).
(D) Aesthetics and lighting. The following items are recommended standards to mitigate visual impact:
(1) Coatings and coloring. Towers and blades shall be painted white or gray or another non-reflective, unobtrusive color.
(2) Turbine consistency. To the extent feasible, the WECS Project shall consist of turbines of similar design and size, including tower height. Further, all turbines shall rotate in the same direction. Turbines shall also be consistent in color and direction with nearby facilities.
(3) Lighting. WECS Projects shall utilize minimal lighting that is compliant with the applicable FAA regulations, as amended by the FAA. To the extent that such tower lighting is available, and is approved by the FAA for a WECS Project, the applicant shall install Aircraft Detection Lighting Systems ("ADLS") or other similar technology to reduce light pollution and visual impacts caused by the WECS Towers.
(4) Intra-project power and communication lines. All power lines used to collect power from individual turbines and all communication lines shall be buried underground at a depth in accordance with the Agricultural Impact Mitigation Agreement until same reach the property line or a substation adjacent to the property line.
(E) Warnings.
(1) A reasonably visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations, and at all entrances to the wind towers.
(2) Visible, reflective, colored objects, such as flags, plastic sleeves, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 15 feet from the ground.
(F) Climb prevention.
(1) All WECS towers must be unclimbable by design or protected by anti-climbing devices such as:
(a) Fences with locking portals at least six feet high; or
(b) Anti-climbing devices 12 feet vertically from the base of the WECS tower.
(G) Setback requirements.
(1) WECS towers shall be sited as follows, with setback distances measured from the center of the base of the WECS tower;
(a) Occupied community buildings. 2.1 times the maximum blade tip height of the WECS tower to the nearest point on the outside wall of the structure.
(b) Participating residences. 1.1 times the maximum blade tip height of the WECS tower to the nearest point on the outside wall of the structure.
(c) Nonparticipating residences. 2.1 times the maximum blade tip height of the WECS tower to the nearest point on the outside wall of the structure.
(d) Boundary lines of participating property. None.
(e) Boundary lines of nonparticipating property. 1.1 times the maximum blade tip height of the WECS tower to the nearest point on the property line of the nonparticipating property.
(f) Public road rights-of-way. 1.1 times the maximum blade tip height of the WECS tower to the center point of the public road right-of-way.
(g) Overhead communication and electric transmission and distribution facilities (not including overhead utility service lines to individual houses or outbuildings). 1.1 times the maximum blade tip height of the WECS tower to the nearest edge of the property line, easement, or right-of-way containing the overhead line.
(h) Overhead utility service lines to individual houses or outbuildings. None.
(i) Fish and Wildlife Areas and Illinois Nature Preserve Commission Protected Lands. 2.1 times the maximum blade tip height of the WECS tower to the nearest point on the property line of the fish and wildlife area or protected land.
(2) The setback requirements may be waived by the written consent of the owner(s) of each affected property. The applicant does not need to obtain a variance from the county upon waiver by the property owner of the setback requirement. Any waiver of any of the above setback requirements shall run with the land and be recorded with the Recorder of Deeds of the county.
(H) Compliance with additional regulations. Nothing in this chapter is intended to preempt other applicable state and federal laws and regulations.
(I) Use of public roads.
(1) An applicant proposing to use any county, municipality, township or village road(s), for the purpose of transporting WECS or substation parts and/or equipment for construction, operation, or maintenance of the WECS(s) or substation(s), shall:
(a) Identify all such public roads; and
(b) Obtain applicable weight and size permits from relevant government agencies prior to construction.
(2) To the extent an applicant must obtain a weight or size permit from the county, municipality, township or village, the applicant shall;
(a) Conduct a pre-construction baseline survey to determine existing road conditions for assessing potential future damage; and
(b) Any proposed public roads that will be used for construction purposes shall be identified and approved in writing by the respective Road District Commissioner and the County Engineer prior to the granting of the special use permit. Traffic for construction purposes shall be limited to these roads. All overweight and/or oversized loads to be transported on public roads may require a permit from the respective highway authority. Any road damage caused by the transport of the facility's equipment, the installation, maintenance, or removal, must be completely repaired to the reasonable satisfaction of the Road District Commissioner and the County Engineer. The Road District Commissioner and County Engineer may choose to require either remediation of road repair upon completion of the WECS Project or are authorized to collect fees for overweight and/or oversized load permits. Further, financial assurance in an amount to be fixed by the Road District Commissioner to ensure the Road District or the county that future repairs are completed to their reasonable satisfaction shall be provided. Applicant shall submit a draft form of said financial assurance with application for special use permit.
(c) 1. Enter into a road use agreement with the county and each affected Road District that includes the following provisions, at a minimum:
a. Project layout map;
b. Transportation impact analysis;
c. Pre-construction plans;
d. Project traffic map;
e. Project scope of repairs;
f. Post-construction repairs;
g. Insurance; and
h. Financial security in forms and amounts acceptable to the county.
2. The road use agreement shall require applicant to be responsible for the reasonable cost of improving roads used to construct WECS and the reasonable cost of repairing roads used by the facility owner during construction of the WECS so that those roads are in a condition that is safe for the driving public after the completion of the WECS construction. Roadways improved in preparation for and during the construction of the WECS shall be repaired and restored to the improved condition at the reasonable cost of the developer if the roadways have degraded or were damaged as a result of construction-related activities.
(3) All repairs and improvements to county public roads and roadway appurtenances shall be subject to the prior approval of the county before being made and shall also be subject to inspection and acceptance by the county after such repairs and improvements are completed. The county's road use agreement, and any further agreements contemplated therein, regarding the maintenance and repair of county public roads and highways, must be approved by the County Board prior to the Board's approval of any WECS Building Permit applications related to the construction of the proposed WECS Project.
(J) Site assessment. To ensure that the subsurface conditions of the site will provide proper support for the WECS towers and soil restoration, the applicant, at its expense, shall provide soil and geotechnical boring reports to the County Engineer with respect to each WECS tower location, as part of its WECS Building Permit. The applicant shall follow the guidelines for Conservation Practices Impact Mitigation submitted by the County Soil and Water Conservation District (or equivalent regulatory agency). The applicant shall submit grading plans for the proposed substations for review and comment by the County Soil and Water Conservation District prior to the issuance of any WECS Building Permit for the construction of said substations.
(K) Communications analysis; interference.
(1) The applicant, at its expense, shall have a third party, qualified professional (after submission of resume and relevant work experience) conduct an appropriate analysis of the television reception documenting the television stations that are received within one and one-half miles of the footprint of the WECS Project. The results of said study shall be public record and will serve as a baseline reading for television reception conditions prior to the construction of the WECS Project and shall be submitted as part of the special use permit application.
(2) The applicant, at its expense, shall have a third party, qualified professional (after submission of resume and relevant work experience), conduct a communications analysis that indicates that the E9-1-1 communications, emergency communications or official county and local municipal communications reception shall not be negatively impacted or influenced by the proposed wind power facility. Said communication analysis shall be a public record and shall be submitted as part of the special use permit application.
(3) The applicant and the operator, at the applicant's expense, shall take immediate actions to minimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves or television signals and to eliminate any such interference that impacts local government public safety (police, fire, emergency medical services, emergency management services, 911 dispatch) communications, caused by the operation of the WECS. The applicant shall provide the applicable microwave transmission providers and local emergency service provider(s) (911 operators) copies of the WECS Project Summary and Site Plan, as set forth in this chapter. To the extent that the above provider(s) demonstrate a likelihood of interference with its communications resulting from the WECS(s), the applicant and the operator, at applicant's expense, shall take reasonable measures to minimize and mitigate such anticipated interference and with regard to interference with local, government public safety (police, fire, emergency medical services, emergency management services, 911 dispatch) communications, the applicant and the operator, at applicant's expense, shall take all necessary and available commercial measures to eliminate any such interference. If, after construction of the WECS, the applicant (WECS permittee) or operator receives a written complaint related to the above-mentioned interference, the applicant (WECS permittee) shall take commercially reasonable steps to respond to the complaint, except in the case of a complaint of interference with local, government public safety (police, fire, emergency medical services, emergency management services, 911 dispatch) communications. In the case of local, government public safety communications, the applicant (WECS permittee) and the operator, at the applicant's expense, shall immediately take all necessary and available commercial measures to eliminate any such interference.
(4) If, after construction of the WECS, the applicant (WECS permittee) or operator receives a written complaint related to interference with local broadcast residential television, the applicant (WECS permittee) shall take commercially reasonable steps to respond to the complaint. A summary of complaint and subsequent response from applicant shall be forwarded to the Macon County Board for review. Once the construction is complete and a television reception complaint is received by the Director of Planning and Zoning, who will have 30 calendar days to verify the complaint, the applicant (WECS permittee) will be given 15 calendar days to respond, in writing (validation date). Said response shall be addressed and forwarded to both the Director of Planning and Zoning and the complainant. Such response shall include, but not be limited to, the following: an acknowledgment that a complaint was made and evaluated by the applicant (WECS permittee). If considered valid by the applicant (WECS permittee): an explanation, including a timeline, as to what the Applicant (WECS permittee) intends to do about the complaint. The applicant (WECS permittee) of the wind power facility will be given an additional 15 calendar days from the validation date to resolve said TV reception issue. If considered invalid by the applicant (WECS permittee), an explanation, including supporting documentation and expert opinions, as to why the applicant (WECS permittee) believes the complaint is not valid. Television reception complaints must be filed within six months from the date each wind turbine generator goes online.
(L) Noise levels. Noise levels from each WECS or WECS Project shall be in compliance with applicable Illinois Pollution Control Board (IPCB) regulations. The applicant shall submit manufacturer's wind turbine sound power level characteristics and other relevant data regarding wind turbine noise characteristics necessary for a competent noise analysis. The applicant, through the use of a qualified professional, shall appropriately demonstrate compliance with the applicable noise requirements in its special use permit application.
(M) Agricultural impact mitigation. Pursuant to 505 ILCS 147/15(a), the applicant, at its expense, shall enter into an Agricultural Impact Mitigation Agreement with the Illinois Department of Agriculture prior to any public hearing required before a siting decision on the WECS Project application. All impacted agricultural land, whether impacted during construction, operation, or decommissioning activities, must, at a minimum, be remediated by the applicant pursuant to the terms of the Agricultural Impact Mitigation Agreement with the Illinois Department of Agriculture. The applicant shall submit the executed Agricultural Impact Mitigation Agreement to the county as part of the special use permit application.
(N) Avian and Wildlife Impact Study. The applicant, at its expense, shall have a third party, qualified professional (after submission of resume and relevant work experience) conduct an avian and wildlife impact study and submit said study to the county as part of the special use permit application. Each WECS or WECS Project shall be located, designed, constructed, and operated so as to avoid and if necessary mitigate the impacts to wildlife.
(O) As-built map and plans. Within 60 calendar days of completion of construction of the WECS Project, the applicant or operator shall deliver "as-built" maps, site plan and engineering plans for the WECS Project that have been signed and stamped by a professional engineer and a licensed surveyor.
(P) Engineer's certificate. The WECS Project engineer's certificate shall be completed by a structural engineer registered in the State of Illinois or by a professional engineer with a certification from a structural engineer registered in the State of Illinois and shall certify that the WECS tower and foundation design is compatible with and appropriate for each turbine design proposed to be installed and that the specific soils and subsurface conditions at the site can support the apparatus, given local soil, subsurface and climate conditions. All commercially installed wind turbines must utilize self-supporting, tubular towers. The WECS Project engineer's certificate shall be a public record and shall be submitted as part of the special use permit application.
(Q) Conformance with approved application and plans. The applicant shall construct and operate the WECS Project in substantial conformance with the construction plans contained in a county- approved submitted special use permit application(s), conditions placed upon the operation of the facility, this chapter, and all applicable state, federal and local laws and regulations.
(R) Additional terms and conditions.
(1) All technical submissions as defined in the Professional Engineering Practice Act of 1989 (225 ILCS 325/4(w)) and contained in the special use permit application shall be prepared and signed by an Illinois Professional Engineer (or structural engineer) for the relevant discipline.
(2) The county may retain a qualified, independent code inspector or professional engineer both to make appropriate inspections of the WECS Project during and after construction and to consult with the county to confirm that the construction, substantial repair, replacement, repowering and/or decommissioning of the WECS Project is performed in compliance with applicable electrical and building codes. The cost and fees so incurred by the county in retaining said inspector or engineer shall be promptly reimbursed by the applicant of the WECS Project.
(3) The applicant shall provide that locked metal gates or a locked chain are installed at the access road entrances of all the wind turbine generator locations. An exception may be made when the landowner has filed a written statement with the county which states that the owner does not want a locked metal gate installed and has provided a signed liability waiver to the county.
(4) The special use permit granted to the applicant shall bind and inure to the benefit of the applicant, its successors-in-interest and assigns. If any provision in this chapter, or conditions placed upon the operation of the commercial wind energy facility is held invalid, such invalidity shall not affect any other provision of this chapter that can be given effect without the invalid provision and, to this end, the provisions in this chapter are severable.
(5) The applicant shall provide an executed road use agreement between the applicant and, the appropriate governing road and highway jurisdictions or the Illinois Department of Transportation, to the county showing approved entrances prior to the issuance of any WECS Building Permit or prior to construction of the WECS Project.
(S) No wind turbine generator shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. The wind turbine generator shall not be installed in a location along the major axis of existing microwave communications link where its operation is likely to produce electromagnetic interference in the link's operation.
(T) The applicant of the WECS Project shall use two methods to detect icing conditions on turbine blades: (1) sensors that detect when blades become imbalanced or create vibration due to ice accumulation; and (2) meteorological data from on-site meteorological towers, on-site anemometers, and other relevant weather sources that will be used to determine if ice accumulation is occurring. These control systems will either automatically shut down the turbines(s) in icing conditions or the applicant will manually shut down the turbine(s) if icing conditions are identified.
(Ord. O-147-05-23, passed 5-11-2023)