(A) Purpose: This section is enacted for the purpose of allowing North Pekin residents and businesses to use small wind energy systems in appropriate locations, to harness wind energy for individual properties in order to reduce reliance on commercial energy consumption, while minimizing any adverse visual, safety and environmental impacts of the system, and protecting the public health, safety and general welfare of the citizens of the village of North Pekin. The requirements of this section shall apply to small wind energy systems when they are allowed by special use under the zoning code of the village of North Pekin.
(B) Authority: Pursuant to 55 Illinois Compiled Statutes 5/5-12001 et al., the village of North Pekin has the authority to regulate and restrict the location and use of structures.
(C) Definitions: The following definitions when used in this section shall have the following meanings unless the context clearly indicates otherwise:
BUILDING DENSITY: | The number of buildings in a given area. |
FAA: | The Federal Aviation Administration of the United States Department of Transportation. |
GUY CABLE: | Any cable or wire that extends from a small wind energy system for the purpose of supporting the system structure. |
SMALL WIND ENERGY SYSTEM: | A wind energy conversion system consisting of a single wind turbine and/or a single tower. The wind energy conversion system shall include all associated control or conversion electronics that generates power for an individual property for the purpose of reducing reliance on commercial energy consumption. Small wind energy system shall include all types of wind energy conversion systems including, but not limited to: roof and/or building mounted wind turbines, single wind turbines and wind towers. |
SYSTEM: | A small wind energy system. |
SYSTEM HEIGHT: | The height above grade of the highest point of the arc of the blades. |
TOWER: | The upright portion of a small wind energy system to which the primary generator devices are attached. |
(D) Small Wind Energy Systems Permitted: A small wind energy system may be allowed by a special use permit. In order for a special use permit to be considered, all of the following conditions must be met:
1. The system height is no greater than one hundred feet (100');
2. The parcel on which the system is to be located is no smaller than one acre and contains an existing residence, commercial building and/or agriculture building;
3. The parcel on which the system is to be located is a residential, business, conservation, industrial, or agricultural zoning district.
(E) Application For Special Use Permit: When a small wind energy system is allowed as a special use, a site plan shall be submitted to the zoning committee demonstrating compliance with the following:
1. Purpose: The only allowable purpose of a small wind energy system is to reduce reliance on commercial energy consumption.
2. Setbacks: All parts of the structure of a small wind energy system, including the tower or other support structure, base, footings and turbine, but excluding guy cables and their anchors, shall be set back a distance equal to one hundred ten percent (110%) of the system height from all adjacent property lines and a distance equal to one hundred fifty percent (150%) of the system height from any inhabited structure, road right of way, railroad right of way, and right of way for overhead electrical transmission or distribution lines. Guy cables and their anchors shall meet the setback requirements under this code for accessory structures in the zoning district in which the system is proposed to be located.
3. Noise: The small wind energy system shall not exceed a noise level of sixty (60) decibels as measured at the closest property line. The noise level may be exceeded during short term events, such as utility outages and/or severe windstorms.
4. Building Code Compliance: Building permit applications shall be accompanied by standard drawings of the system structure, including the tower, base, footings, and guy cables. An engineering analysis of the tower showing compliance with the uniform statewide building code and certified by a licensed professional engineer shall also be submitted. This analysis may be supplied by the manufacturer.
5. Electrical Code Compliance: Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components of the system showing compliance with the national electrical code and certified by a licensed professional engineer. This information may be supplied by the manufacturer.
6. Notifications Regarding Aircraft: Small wind energy systems shall comply with all applicable regulations of the FAA, including any necessary approvals for installations close to airports. The applicant has the responsibility of determining the applicable FAA regulations and securing the necessary approvals.
7. Local Utility Company Notification: If a small wind energy system is 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 must be included in the building permit application.
8. Minimum Distances: The distance between any protruding blades utilized on a small wind energy system and the ground shall be a minimum of fifteen feet (15') as measured at the lowest point of the arc of the blades. The distance between the lowest point of the arc of the blades and the peak of any structure within one hundred fifty feet (150') of the blade arc shall be a minimum of ten feet (10').
9. Radio And Television Signals: The small wind energy system shall not cause any radio, television, microwave, or navigation interference. If a signal disturbance problem is identified, the applicant shall correct the problem within sixty (60) days of being notified of the problem.
10. Appearance: The small wind energy system shall maintain a galvanized neutral finish or be painted to conform to the surrounding environment to minimize the adverse visual effects. No small wind energy system shall have any signage, writing, pictures, or decorations placed on it at any time other than warning equipment and ownership information. No small wind energy system shall have any flags, streamers, banners and other decorative items that extend from any part of the system placed on it at any time.
11. Fencing: Any tower shall be enclosed with a fence of at least eight feet (8') in height or the base of the tower shall not be climbable for a distance of twelve feet (12') measured from the ground.
12. Height: The applicant shall provide evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system. For a roof or building mounted structure, the applicant shall provide evidence that the structure does not exceed any structural limitations of said roof or building.
13. Required Safety Features: The small wind energy system 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.
(F) Repair: A small wind energy system that is not functional shall be repaired by the owner or removed. In the event the village of North Pekin becomes aware of any system that is not operated for a continuous period of three (3) months, the village of North Pekin shall notify the landowner by registered mail and provide forty five (45) days for a written response. The written response shall include reasons for the operational difficulty, and a reasonable timetable for completing the corrective actions. If the village of North Pekin deems the corrective action and/or timetable for completing the corrective actions as unfeasible and/or unreasonable, the village of North Pekin shall notify the landowner and such landowner shall remove the small wind energy system within one hundred twenty (120) days of receiving such notice. In the event the landowner fails to remove and/or repair the small wind energy system, the village of North Pekin may remove and/or repair said small wind energy system. In such event, the landowner shall be liable to the village of North Pekin for all costs incurred in the removal and/or repair of the small wind energy system.
(G) Removal Upon End Of Useful Life: When a system reaches the end of its useful life and can no longer function, the landowner of the system shall remove the system within one hundred twenty (120) days of the day on which the system last functioned. The landowner is solely responsible for removal of the system and all costs, financial or otherwise, of system removal. In the event the landowner fails to remove and/or repair the small wind energy system, the village of North Pekin may remove and/or repair said small wind energy system. In such event, the landowner shall be liable to the village of North Pekin for all costs incurred in the removal and/or repair of the small wind energy system.
(H) Enforcement: The erection or operation of a small wind energy system in violation of this section shall subject the owner and/or the operator of the system to civil penalty. The civil remedies available to the court shall include the removal of the system. If such removal is ordered, all expenses shall be paid by the landowner and/or operator of the system.
(I) Severability: The provisions of this section are severable, and the invalidity of any section, subdivision, paragraph, or other part of this section shall not affect the validity or effectiveness of the remainder of this section.
(J) Fees: The applicant shall pay to the village of North Pekin any and all fees associated with the issuance of a special use permit pursuant to section 10-13-2 of this title. (Ord. 1040, 8-10-2020)