Minimum standards for special use permit. In addition to those requirements specified in section 9-14-12 of this title, the following requirements shall be met before a special use permit is granted to an applicant:
(A) Commercial Wind Energy Conversion Systems:
1. Building Permit: All wind energy conversion systems require a building permit prior to the initiation of construction. Owners must comply with all applicable building codes adopted by the village. A set of drawings and engineering analysis that conforms to manufacturer's standards, which has been certified by a licensed professional engineer, shall be submitted with the building permit application.
2. Climb Prevention: All WECS project towers or poles must be unclimbable by design or protected by anticlimbing devices such as:
(a) Fences with locking portals at least six feet (6') high; or
(b) Anticlimbing devices twelve feet (12') from base of pole.
3. Color: Towers and blades shall be painted a nonreflective, unobtrusive color that blends into the surrounding landscape to the greatest extent possible. Advertising, streamers and printing are prohibited.
4. Compliance With Additional Regulations: It shall be the responsibility of the person in charge of the WECS project to contact the FCC and FAA regarding additional permits necessary or any other applicable federal or state regulations for the installation of a WECS project prior to the public hearing before the plan commission. The WECS projects shall be UL approved and ASEE certified or the equivalent.
5. Compliance With FAA: It shall be the responsibility of the person in charge of the WECS project to complete the proper FAA applications and obtain the proper permits for the WECS project. It shall also be the responsibility of the person in charge of the WECS project to obtain a determination of no significant impact to air navigation from the FAA.
6. Controls And Brakes: All WECS projects shall be equipped with manual and automatic controls and mechanical brakes to limit rotation of blades to a speed below the designed limits of a WECS. For purposes of this section, "manual and automatic controls" mean controls which give protection to power grids and limit rotation of a WECS' blades to below the designed limits of the conversion system. The 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 the authorized factory representative's statement of certification.
7. Design Safety Certification: The safety of the design of all WECS towers shall be certified by a licensed professional engineer. The standard for certification shall be good engineering practices and shall conform to all the village's officially adopted codes.
8. Height: Wind generator machine height must comply with all FAA regulations.
9. Installation Certification: A licensed professional engineer or certified manufacturer's representative or installer shall certify that the construction and installation of the WECS project meets or exceeds the manufacturer's construction and installation standards.
10. Lighting: Lighting for the towers shall be constructed in accordance with the minimum requirements and standards allowed by the FAA or other regulatory authority in an effort to minimize the visual impact of the structures.
11. Migratory Birds: An avian study shall be conducted by a qualified third party professional, such as an ornithologist or wildlife biologist, to determine if there is any potential impact the WECS project may present to migratory birds. The study must provide assurances that the WECS project does not negatively impact the path of migratory birds. The results of the study shall be made available at the hearing before the plan commission.
12. Mounting: All wind energy conversion systems shall be mast mounted. Building mounted WECS will require an additional special use permit.
13. Roads: Any proposed access roads that will be used for construction purposes shall be identified and approved by the township road commissioner or the village engineer, whoever has jurisdiction, prior to the hearing before the plan commission.
Any road damage caused by the transport of the facility's equipment, the installation, or the removal, must be completely repaired to the satisfaction of the township road commissioner or the village engineer, whoever has jurisdiction.
14. Setbacks:
(a) Setbacks from public roads and property lines shall be established in the underlying zoning district.
(b) All WECS towers shall be at least seven hundred fifty feet (750') from any adjoining property's dwelling unit, and no less than 1.25 times the tower height from the applying property owner's dwelling unit.
(c) The drop line for all WECS towers shall allow the tower, should it fall, to remain on the owner's property in all directions.
(d) All WECS towers shall be set back a distance of at least 1.25 times the WECS tower height from the third party transmission lines and telecommunications carrier facilities.
(e) Any variance of the applicable setback requirements, whether required in this chapter or elsewhere in these regulations, shall be recorded with the village clerk or Kankakee County recorder of deeds, whichever has jurisdiction.
15. Warnings: A visible warning sign of "high voltage" must be placed at the base of all WECS projects. The sign must have at a minimum six inch (6") letters. Such signs shall be located a maximum of three hundred feet (300') apart and at all points of site ingress and egress.
(B) Small Wind Energy Systems (Noncommercial):
1. Building Permit: All wind energy conversion systems require a building permit prior to the initiation of construction. Owners must comply with all applicable building codes adopted by the village. A set of drawings and engineering analysis that conforms to manufacturer's standards, which has been certified by a licensed professional engineer, shall be submitted with the building permit application.
2. Color: Towers and blades shall be painted a nonreflective, unobtrusive color that blends into the surrounding landscape to the greatest extent possible. No advertising, streamers, or printing shall be allowed.
3. Height: The total height of a small wind energy system shall not exceed sixty feet (60') on parcels of less than five (5) acres. For property sizes greater than five (5) acres there is a height limitation of one hundred feet (100'). The maximum height must be compliant with FAA standards.
4. Lighting: Lighting for towers shall be constructed in accordance with the minimum requirements and standards allowed by the FAA or other regulatory authority in an effort to minimize the visual impact of the structures.
5. Installation: All noncommercial wind energy systems shall be installed per the manufacturer's standards. The standards must include compliance with all of the village's officially adopted codes.
6. Mounting: All wind energy conversion systems shall be mast mounted. Building mounted WECS will require an additional special use permit.
7. Setbacks: All parts of the small wind energy conversion system shall be subject to setback requirements, including those outlined in the underlying zoning district and this section.
(a) Setbacks from public roads shall be established by the underlying zoning district.
(b) Setbacks from property lines shall be a distance equal to 1.25 times the total height.
(c) Setbacks from the applicant's dwelling shall be a distance equal to 1.25 times the total height.
8. Warnings: A visible warning sign of "high voltage" must be placed at the base of all WECS projects. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system, visible from any public road shall be prohibited.
9. Installation Certification: A licensed professional engineer or certified manufacturer's representative or installer shall certify that the construction and installation of the WECS project meets or exceeds the manufacturer's construction and installation standards.
10. Compliance With Additional Regulations: It shall be the responsibility of the person in charge of the WECS project to contact the FCC and FAA regarding additional permits necessary or any other applicable federal or state regulations for the installation of a WECS project prior to the public hearing before the plan commission. All WECS projects shall be UL approved and ASEE certified or the equivalent. (Ord. 08-32, 4-6-2009)