SECTION 6-314. ENVIRONMENTAL TECHNOLOGY STANDARDS.
(Entire Section Ord. 4594 – 10/18/10; Amd. Ord. 5389 – 3/4/19)
   A.   Purpose of Environmental Technology Standards. The purpose of this Section is to establish meaningful standards for the design, installation, operation, and maintenance of sustainable technologies and renewable energy sources throughout the Village. The Environmental Technology Standards strive to promote and accomplish the following:
      1.   Encourage sustainable energy production from local renewable energy sources.
      2.   Promote sustainable building design, energy efficiency, conservation, and best management practices in residential, commercial, and industrial buildings.
      3.   Facilitate energy cost savings and economic opportunities for residents and businesses in the Village.
      4.   Ensure that all Environmental Clean Technology (ECT) projects within the Village are safe and any potentially adverse effects on the community are minimized.
      5.   Preserve the aesthetics of the zoning districts in the interest of property values, public health, safety, and the general welfare of the Village by ensuring ECT projects are compatible with the character and appearance of the site, adjacent structures, and surrounding area.
   B.   Environmental Clean Technology Review and Approval Process. The following outlines the review and approval process required for installing an Environmental Clean Technology (ECT). ECTs include, but are not limited to, renewable energy systems such as Wind Energy Conversion Systems (WECS), Solar Energy Systems (SES), and Geothermal Energy Systems (GES). Unless otherwise noted in these regulations, all ECT projects shall be subject to the following review and approval process:
      1.   Application. Except for residential flush mounted rooftop solar panels, all petitioners seeking to construct or install an ECT must submit a complete Appearance Review application to the Development Services Department concurrently with a building permit application. ECT projects accessory to buildings or structures in the Old Orland Historic District or an Orland Park Landmark shall submit a complete Certificate of Appropriateness (COA) application to the Development Services Department concurrently with a building permit application. All ECT projects shall be reviewed in accordance with the regulations of this Section.
      2.   Administrative Review. Per this subsection, the following ECT projects shall be reviewed and approved administratively via an Appearance Review by the Development Services Department, in accordance with Section 5-106 (Appearance Review):
         a.   Solar Energy Systems (SES).
         b.   Geothermal Energy Systems (GES).
         (Amd. Ord. 5859 - 12/18/23)
      3.   Review at a Public Meeting. The following ECT projects shall require a review at a public meeting at the Plan Commission, followed by a review at the Development Services, Planning, and Engineering Committee meeting, and with final review and approval at a Village Board meeting:
         a.   Wind Energy Conversion Systems (WECS).
      4.   Public Notifications. Notification to all owners of record of residential uses within three hundred (300) feet of an ECT project is required prior to an ECT review at a public meeting at the Plan Commission. The petitioner shall be responsible for sending a notice of the proposed ECT project via certified mail, with return receipt requested, at least fifteen (15) to thirty (30) days in advance of the Plan Commission meeting. If no residential uses are located within the 300-foot buffer, notices are not required for the review at Plan Commission. The notice shall be titled “Environmental Clean Technology Review Notice” and shall include the date, time, and place of the Plan Commission meeting, the contact information of the Development Services Department, and a description of the type of ECT system proposed for the property. It is the petitioner’s responsibility to submit a notarized affidavit to staff prior to or at the Plan Commission meeting confirming that all requirements listed above have been met.
      5.   Historic Landmarks or Properties in the Old Orland Historic District. ECT projects accessory to a contributing structure in the Old Orland Historic District or an Orland Park Landmark shall require a Certificate of Appropriateness (COA) review by the Plan Commission, Committee, and Board of Trustees. ECT projects accessory to a non-contributing structure in the Old Orland Historic District shall require approval of an administrative Certificate of Appropriateness (COA) review by the Development Services Department.
      6.   Permit Required. All required building permits shall be obtained through the Development Services Department prior to the installation or construction of any ECT. No ECT shall be constructed, installed, or altered without first obtaining approval and issuance of a building permit.
   C.   Solar Energy System (SES) Regulations.
      1.   General Requirements. A solar energy system shall at all times be incidental and subordinate to a permitted use on the same parcel or lot, and shall comply with the following standards:
         a.   Accessory Use. Solar energy systems are accessory to the primary use on a property in all zoning districts. Accessory solar energy systems may be building-mounted, building-integrated, or freestanding.
         b.   On-Site Use. A solar energy system shall provide power for the principal and/or accessory use of the property on which it is located and shall not be used for the generation of power for the sale of energy to other users. Excess power generated by a solar energy system and not needed for on-site use may be provided back to the local utility company.
         c.   Code Compliance. Solar energy systems must comply with all applicable building, electrical, fire, and safety code requirements adopted by the Village, as amended, and all other regulatory and utility agencies.
         d.   Required Permits. The owner/operator of a solar energy system shall obtain approval and issuance of all necessary permits required by the Development Services Department and from outside agencies.
         e.   Solar Access. Owners of solar energy systems are solely responsible for negotiating with other property owners in the vicinity for any desired solar access easements to protect access to sunlight. Refer to Section 6-404.E for information on Solar Access Easements.
         f.   Glare. Solar energy systems shall be placed so that concentrated solar radiation or glare is not directed onto nearby properties, roadways, or public right-of-ways. If the solar energy system installation creates an adverse impact to the public or neighboring properties, the property owner will be required to take measures to mitigate the impact or block the glare. Such measures may include screening or landscaping, or the relocation or removal of the solar energy system.
         g.   Screening. Solar energy systems shall be screened from view from streets, public rights-of-way, and adjacent properties. Screening may include walls, fences, or landscaping. Rooftop screening shall not be required for roof-mounted systems that are flush-mounted parallel to the pitch of the roof and provided that all regulations of this Section are met. All systems shall comply with the design standards and requirements provided in Section 6-308 (Design Standards).
         h.   Electrical Wiring. All cables and wiring associated with a solar energy system shall be located underground, routed through the building, or contained within conduit that complements the colors and materials of the principal or accessory structure. All power transmission lines, cables, and wires connecting a freestanding system to any other structure on the property must be located underground. All wiring visible from the street, public right-of-way, or adjacent residential properties shall be hidden from view and shall be routed inside the building or structure.
         i.   Maintenance. Solar energy systems must be maintained in good repair and in operable condition at all times. The owner of a solar energy system shall maintain such system in a safe and attractive manner, including replacement of defective parts, painting, cleaning, and other acts that may be required for the maintenance and upkeep of the function and appearance of the system. The ground upon which the solar energy system is located shall be maintained in an orderly manner, such that it is free of debris, tall grass and weeds, and any associated structures shall retain quality in appearance. If a system becomes inoperable or damaged, operations must cease and be promptly remedied.
         j.   Abandonment and Decommissioning. If a solar energy system remains nonfunctional, abandoned, or inoperable for a period of twelve (12) consecutive months, the owner/operator shall repair and make operable or remove the system within ninety (90) days of notice by the Village. Upon removal of the system, the site shall be returned to its original condition. The Village shall be authorized to remove a solar energy system when the above events occur and/or when the owner/operator does not comply with the regulations of this Section. The solar energy system will be removed at the expense of the owner/operator and the costs of removal shall be a lien against the property.
         k.   Historic Landmarks or Properties in the Old Orland Historic District. All solar energy systems permitted in the Old Orland Historic District or on Orland Park Landmarks require a Certificate of Appropriateness (COA) review per Sections 5-110 and 6-209, in addition to any other required approvals, prior to the submission of a building permit. Solar energy systems accessory to a contributing structure in the Old Orland Historic District or an Orland Park Landmark shall require a COA review by the Plan Commission, Committee, and Board of Trustees. Solar energy systems accessory to non-contributing structures in the Old Orland Historic District shall require approval of an administrative COA review by the Development Services Department. All solar energy systems shall conform to the Secretary of the Interior’s Standards for Rehabilitation and Illustrated Guidelines on Sustainability for Rehabilitating Historic Buildings. In addition to all other regulations outlined in this Section, solar energy systems shall meet the following requirements:
            1.   Solar energy systems shall be designed, sized, and located to minimize impacts to the character, historic building fabric, and architectural integrity of the site, building, or structure.
            2.   Solar energy systems shall not damage, obscure, or result in the removal of architectural features, historic materials, or other resources that characterize the property. Solar collectors should be installed on new construction, non-historic building additions, or secondary and accessory structures.
            3.   To the greatest extent possible, solar panels shall not be located on street-facing walls or roofs. All efforts should be made to minimize visibility from streets, public rights-of-ways, and adjacent properties by locating solar collectors on rear-facing elevations, below and behind parapet walls, or on accessory structures.
            4.   Roof-mounted systems in the Old Orland Historic District or on Orland Park Landmarks shall be permitted so long as they are flush-mounted parallel to the pitch of the roof, setback from the roof edge, and colored to match the surrounding roof materials.
            5.   Freestanding systems shall be fully screened from view from streets, public rights-of-way, and adjacent residential properties. Placement and design should not detract from the historic character of the site or destroy resources that characterize the property.
         l.   Exemptions. The following shall be exempt from obtaining an ECT review and approval as detailed in Section 6-314.B, provided that all other code and permit requirements are met:
            1.   Solar collectors less than one (1) square foot in size that provide power for an individual light fixture and are integrated into the design of that light fixture, rather than as a separate connected mechanical device. Such systems include temporary solar pathway landscape enhancement lights and small-scale wall-mounted fixtures.
            2.   Solar collectors used as a power source for governmental signs.
      2.   Building-Mounted Systems. A building-mounted solar energy system may be roof-mounted, wall-mounted, or building-integrated on a principal building or accessory structure, in accordance with the following conditions:
         a.   Roof-Mounted Systems.
            1.   Location. Where feasible, solar collector units shall be consolidated into one central area on the roof, rather than scattered in multiple groups on the roof. Solar collector panels shall not be attached to chimneys.
            2.   Setback. No part of a roof-mounted system shall extend beyond the edge of the roof, the parapet wall, or the exterior perimeter of the structure on which it is mounted. Solar collector panels shall meet all building and fire code setbacks required by the Village Code, as amended.
            3.   Quantity. A rooftop may be covered by as many collectors or arrays as may be spatially and structurally feasible, provided that systems shall not impede the required maintenance areas around mechanical equipment and meet all Village Code requirements.
            4.   Flat Roofs. On flat roofs, a solar energy system shall be completely screened from view from streets, public right-of-ways, and neighboring properties in accordance with Section 6-308.J (Screening). Solar energy systems may be angled to achieve maximum sun exposure, but shall not exceed eight (8) feet in overall height or extend above the building parapet, whichever results in less height. In no instance shall any part of the system extend beyond the edge of the roof or the highest point of the parapet or screening wall. Parapet walls, screening walls, and other screening methods may be waived by the Development Services Department if all parts of a solar energy system are completely screened from view from streets, public right-of-ways, and neighboring properties.
            5.   Pitched Roofs. On pitched roofs, a solar energy system shall be flush-mounted parallel to the pitch of the roof and shall not project higher than twelve (12) inches from the roof surface at any point. No portion of the solar energy system shall extend beyond the ridgeline of the roof, the roof eaves, or the vertical extension of the exterior wall.
         b.   Wall-Mounted Systems.
            1.   Location. Only building-integrated or flush-mounted systems shall be permitted on street-facing facades or primary building elevations. Systems that are not building-integrated or flush- mounted shall be permitted on elevations facing the rear and interior side yards.
            2.   Projection. Wall-mounted systems may project up to five (5) feet from a building façade.
            3.   Setback. Wall-mounted systems may project into a side or rear setback, but shall be no closer than five (5) feet to the side or rear property line.
            4.   Height. A building-mounted solar energy system may not extend above the highest point of the roofline or parapet wall of the building which the solar energy system is affixed to.
         c.   Building-Integrated Systems. Building-integrated solar energy systems are built into and contained within building materials such as roofing, windows, skylights, awnings, canopies, parking lot canopy shade structures, and similar architectural components. Building-integrated systems shall be permitted on all building facades and accessory structures provided the building component in which the system is integrated meets all required setbacks for the district in which the building is located. Exterior walls and finish materials shall comply with the masonry and building material requirements listed in Section 6-308 (Design Standards) and the Village Code, as amended.
      3.   Freestanding Systems. Freestanding solar energy systems shall comply with the following conditions:
         a.   Location. Freestanding solar energy systems shall only be permitted in the rear and interior side yard. No part of a freestanding system shall extend into a utility, water, sewer, or other type of easement.
         b.   Setback. All parts of a freestanding solar energy system shall be set back at least ten (10) feet from the interior side and rear property line. Freestanding systems shall also be located at least ten (10) feet from all primary and accessory structures, including swimming pools with attached decks.
         c.   Screening. Freestanding systems shall be fully screened from view from streets, public rights-of-way, and adjacent properties. Screening may be achieved through the use of walls, fences, or landscaping.
         d.   Height. The maximum height of a freestanding solar energy system shall be six (6) feet, measured from the average grade at the base of the pole to the highest edge of the system when oriented at maximum vertical tilt.
         e.   Size. The overall surface area of the solar collectors shall be limited to a total of two hundred (200) square feet.
         f.   Lot Coverage. A freestanding solar energy system shall be exempt from lot coverage calculations provided that the soil under the collector is not compacted or is maintained in vegetation or a pervious surface. The solar energy system shall not obstruct storm water flow.
   D.   Geothermal Energy System (GES) Regulations. A Geothermal Energy System (GES) is a central renewable heating and cooling exchange system that uses heat generated beneath the earth’s surface to heat or cool buildings via underground or underwater systems that pump heat energy into a building or vice versa.
Figure 1: Geothermal energy system types include: 1)Vertical loop systems that reach deep into the earth; 2)Horizontal loop systems that stay near the surface but are below the frost line; 3)Slinky loop systems that maintain a moderate depth and increase the length/ capacity of the system on a compact lot; 4)Pond loop systems that sink geothermal cables into detention ponds; and 5)Open loop systems (not pictured) that are cables in the ground.
      1.   Geothermal Heat Pump System (GHPS). Geothermal heat pump energy systems (GHPS), or ground source heat pumps, are installed indoors and underground via a system of looped coils or piping and invisible after installation and are permitted in all zoning districts via an ECT Review, subject to these regulations.
         a.   Depth. GHPS loop fields, coils, piping or other similar and associated underground infrastructure must be below the frost line. A geotechnical and engineering study is required to determine appropriateness and depth on a case by case basis.
         b.   Setbacks. GHPS loop fields, coils, piping or other similar underground infrastructure shall not encroach into public right-of-ways, ComEd transmission easements and right-of-ways, access roads, natural gas, fuel and other pipeline easements, floodplains, wildlife habitats and navigable waters of the United States. GHPS may be built up to the property line and, upon acquiring a geothermal access easement or similar agreement, encroach under neighboring properties to acquire an efficient scale or tonnage for heating and cooling in a building or site. GHPS must maintain a minimum distance of ten (10) feet from existing storm water, sewer and water main utilities, and twenty (20) feet from neighboring buildings or structures (except parking lots).
         c.   Ground Source Subsidence. GHPS shall not cause underground subsidence to the subject or neighboring properties during installation or any time thereafter. Subsidence is the process of pit or sag formations in the earth’s crust due to undermining or trenching and filling of the surface and sub-surface. Correction of subsidence is the responsibility of the GHPS owner.
      2.   Irrigated Geothermal Heat Pump Systems. Irrigated geothermal heat pump systems consist of any system which uses a thermal exchange using ground water, surface water, heat pipes or tubes and are installed in and access underground aquifers (ground water) or storm water detention/retention basins (surface water) and are permitted in the BIZ, COR, MFG, ORI, R-4 and VCD zoning districts via an ECT Review, subject to these regulations.
         a.   Depth. Loop fields, coils, pipes or other similar and associated underground/ underwater infrastructure must be below the frost line and a minimum of eight (8) feet below the normal water line of a detention/ retention basin. Also, see Section 6-314.D.1.a.
         b.   Width and Setbacks. Loop fields, coils, piping, tubing or other similar underwater system shall not extend above the surface of the normal water line of a storm water detention/ retention basin. Such systems must maintain a minimum distance of ten (10) feet from existing storm water infrastructure, such as culverts, and sewer utilities.
         c.   Detention/ Retention Basin Volume Displacement. Loop fields, coils, pipes or other similar underwater infrastructure shall not displace the volume of a storm water detention/ retention basin without providing necessary compensational storage.
      3.   Small Scale Geothermal District Heating. Geothermal district heating technology may be used in non-residential and multi-family home developments to heat multiple buildings on a single site, such as office campuses and condo and townhome developments and between building owners.
      4.   General Requirements.
         a.   Access. A GES shall access the earth’s thermal energy below grade and shall not be visible from the public right-of-way or neighboring properties. Access to neighboring properties may be granted by property owners via Geothermal Access Easements and Geothermal Sharing Agreements.
         b.   Tree Removal. Tree removal for a GES is not permitted. GES technology permits vertical thermal systems that can avoid trees and other planted areas.
         c.   New Construction Mitigation. New construction that impacts a GES must move the GES to a new location not impacted or bury it deeper than the impacted depth, subject to these regulations.
         d.   Geothermal Access Easement. See Land Development Code Section 6-404.F.
         e.   Geothermal Sharing Agreement. A geothermal sharing agreement may be prepared between property owners to preserve and protect geothermal energy access. Property owners may share a GES under mutual terms, conditions and agreements. Such an agreement may include: optimizing GES field sizes and well depths; provisions for shared access, transmission and use; provisions for heat and coolant exchange and transmission rates; relocating a GES; expanding a GES to increase capacity for multi-building district heating; and provisions for subsidence control.
         f.   Accessory Use. Geothermal energy systems are accessory uses to the primary or principal use on a property or district in all zoning districts.
         g.   Design and Permitting. The design of the GES shall conform to applicable industry standards. The necessary building permits shall be obtained for a GES per the Village Building Code (e.g. electrical, plumbing, mechanical etc.). All wiring and heating components shall comply with the latest applicable version of the National Electric Code (NEC) and the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) as amended by the Village.
(Amd. Ord. 5476 - 1/20/20)
   E.   Wind Energy Conversion System (WECS) Regulations. A WECS consists of a wind turbine and blades (nacelle and rotor), one tower, support system and associated controls and conversion electronics for the purpose of converting kinetic energy from the wind into electrical energy. WECS have a wide range of rated capacities from less than one (<1) kilowatt (kW) to 1.5 megawatts (MW) and can have a height of up to two hundred and fifty (250) feet.
The following regulations apply to the four classes of WECS recognized by the Land Development Code: Residential Scale Wind Energy Conversion Systems (RESWECS), Mini Wind Energy Conversion Systems (MINIWECS), Small Scale Wind Energy Conversion Systems (SWECS), and Utility Scale Wind Energy Conversions Systems (UWECS).
Lattice or guyed WECS towers are not permitted for any WECS type or in any zoning district. The exception to this rule includes lattice towers under thirty (30) feet, towers with a rotor diameter of five (5) feet or less, and towers that generate power for pond aerators or farm well pumps.
Figure 2: Wind turbine diagram
      1.   Residential Scale Wind Energy Conversion Systems (RESWECS). Residential Scale Wind Energy Conversion Systems (0 kW to 10 kW) are accessory uses mounted directly on residential rooftops and are permitted via an ECT Review in the E-1, R-1, R-2, R-2A, R-3, R-3A, and R-4 zoning districts, subject to these regulations. In OOH Historic District, a Certificate of Appropriateness is required per Sections 5-110 and 6-209. Freestanding WECS are prohibited in residential districts.
      Figure 3: Examples of wall-mounted and roof-mounted Residential Scale Wind Energy Conversion Systems (RESWECS)
         a.   Height. RESWECS shall not increase the height of a building by more than twelve (12) feet from the roofline and shall not be attached to chimneys. The maximum height of building with a roof-mounted RESWECS is set forth in Table 6-314.E.1.a.
 
Table 6-314.E.1.a
Zoning District
Maximum Height Permitted w/ RESWECS
E-1, R-1
47 feet
R-2, R-2A, R-3, R-3A
42 feet
R-4
64 feet
OOH
47 feet
 
      2.   Mini Wind Energy Conversion Systems (MINIWECS). Mini Wind Energy Conversion Systems (0 kW to 10 kW) are accessory uses mounted directly on buildings or are freestanding towers. MINIWECS are permitted via an ECT Review in the BIZ, COR, MFG, and ORI zoning districts, subject to these regulations. Only MINIWECS mounted on buildings are permitted in the VCD district.
   MINIWECS are intended to provide a small scale application of wind technologies on non-residential properties in the Village. They are adaptable systems that can easily be retrofitted onto existing infrastructure and provide opportunities for distributed energy generation without large monopoles, turbines, new infrastructure or much visual or acoustic impact.
   MINIWECS such as those in Figure 4 demonstrate rooftop turbines for non-residential and mixed-use buildings. Horizontal “aeroturbines” usually require a minimum amount of rooftop square footage to obtain the necessary capacity and need open spaces that are not blocked by rooftop mechanicals, parapets or other potential wind obstructions. Large, wide and tall rooftops are appropriate locations for horizontally-oriented turbines. Stand-up (vertical) roof-mounted turbines that extend higher than the roofline are more adaptable as it can be raised vertically to access wind above any potential obstructions.
 
Figure 4: Examples of MINIWECS roof-mounted turbines oriented horizontally and vertically
MINIWECS can also on occasion be freestanding renewable energy systems as depicted in Figure 5. Mixed-use districts are often diverse areas that can accommodate this infrastructure. In Figure 5, the monopole stands among mixed-use and multi-family residential structures.
 
Figure 5: Example of a freestanding MINIWECS monopole turbine
Figure 6 demonstrates concepts to utilize existing vertical infrastructure for MINIWECS distribution. Mounted on parking lot or street light poles, MINIWECS can take advantage of height and wide-open spaces. Such infrastructure can offset the energy used to light parking lots or streets at night or to generate power to sell back to the utility and reduce peak energy demand.
In some cases, existing light poles may not structurally accommodate wind turbines. Such light poles will have to be re-built to accommodate the extra height and wind loads associated with turbines. The re-built systems would be MINIWECS with parking lot or street lights rather than street lights with MINIWECS. Such a conversion would be a co-location since the new infrastructure would replace similar infrastructure.
       
 
Figure 6: Examples of locating MINIWECS turbines onto existing infrastructure, such as parking lot or street light poles
         a.   Height. The maximum height of a MINIWECS shall not exceed fifty-five (55) feet from ground level to the top of the rotor blade.
      3.   Small Scale Wind Energy Conversion Systems (SWECS). Small Scale Wind Energy Conversion Systems (10 kW to 100 kW) can be accessory uses. They are freestanding towers and are permitted via a site plan and elevation review in the E-1 and VCD zoning districts for institutional uses only, and BIZ, COR, MFG and ORI zoning districts, subject to these regulations. A Special Use Permit is required when a SWECS is within three hundred (300) feet of a residential use. All residential uses within 300 feet must be notified.
SWECS are more intense than MINIWECS. They are intended for a higher capacity of energy output. SWECS tend to be larger in scale and can often be incorporated into site plans and building designs. In Figure 7, SWECS with parallel rotation to the ground are spread across parking lots and green spaces. SWECS shown in Figure 7 are recommended in more commercial areas and open places like parking lots, plazas, and common areas.
   
Figure 7: Examples of SWECS with parallel rotation to the ground
In Figure 8, an onsite SWEC is shown in the more familiar and traditional wind turbine appearance. SWECS like these are typically associated with a higher rated energy output. These systems are for onsite energy production and are usually net-metered with the utility. They are not recommended in dense settings. Appropriate locations for such SWECS are in MFG or ORI districts where there is an industrial scope and scale.
Figure 8: Example of a SWECS with horizontal axis rotator blades
         a.   Height. The maximum height of a SWECS shall not exceed one hundred and twenty (120) feet to the top of the rotor blade. The Development Services Department may grant additional height upon request and justification.
      4.   Utility Scale Wind Energy Conversions Systems (UWECS). Utility Scale Wind Energy Conversions Systems (100 kW to 1.5 MW) are free standing utility-owned towers and permitted via special use in the MFG and ORI zoning districts, subject to these regulations. UWECS may locate with a special use within one hundred and fifty feet (150) of Interstate 80. UWECS are not permitted in OS, OOH, E-1, R-1, R-2, R-2A, R-3, R-3A, R-4, VCD, BIZ, and COR zoning districts or within five hundred (500) feet of a residential use.
UWECS are intended only for utility companies like ComEd. UWECS, also known as wind farms as shown in Figure 9, are often located on large parcels and stretch from a few acres to multiple square miles. There are only a few areas that may be suitable for a UWECS in Orland Park and they must locate near transmission lines to be effective.
  
 
Figure 9: Examples of UWECS solar farms
UWECS are not permitted to locate within five hundred (500) feet of residential uses due to their scale. Height is often determined by surrounding obstructions and prevailing wind patterns. The height of these turbines, however, is often no greater than some existing wireless communication/cell towers, water towers and radio antennas.
Setbacks from specific land uses typically mitigate visual and acoustic impacts of turbines. They tend to be no more of a nuisance than wireless communication towers.
         a.   Height. The maximum height of a UWECS shall not exceed two hundred (200) feet from ground level to the top of the rotor blade. The Development Services Department may grant additional height subject to the findings of a wind energy analysis.
      5.   General Requirements.
         a.   Setbacks. A WECS must be located a minimum distance equal to 1.1 times the total height from any property line in a non-residential zoning district. In a residential zoning district, a WECS must locate according to the established building setbacks and cannot locate between the front or corner side building façade and the street.
         b.   Spacing Parameters and Wind Accessibility. The following are spacing parameters and requirements for freestanding WECS towers and co-located WECS equipment:
            1.   A WECS tower must be located a minimum distance of twenty (20) feet from any principal structure(s) on a parcel.
            2.   Co-located WECS equipment must be located a minimum distance of five (5) rotor lengths from non-WECS mechanical, electronic, telecommunication or other equipment on a tower, building or other structure.
            3.   Multiple WECS on a site must be spaced a minimum distance equal to five (5) rotor lengths, based upon the size of the largest rotor, from adjacent WECS.
Figure 10: Diagram depicting the required rotor length measured as the length of the blade plus the diameter of the nacelle or nose of the turbine. All wind turbine types must be spaced a minimum distance equal to five (5) rotor lengths.
         c.   Safety. The following are minimum safety requirements for WECS:
            1.   All WECS must have a manual and automatic braking system device capable of halting operation to prevent damage in high winds.
            2.   For freestanding towers, the structural engineer shall prescribe at a minimum two (2) 5/8-inch diameter ground rods installed to a depth of eight (8) feet.
            3.   Non-RESWECS must be designed to withstand a minimum wind velocity of one hundred (100) miles per hour, with an impact pressure of forty (40) pounds per square foot.
            4.   All WECS structures including towers, buildings and their related foundations, footings, anchors and electrical connections must meet the requirements of the Village Building Code and be engineered by a licensed structural engineer and meet all necessary engineering code related requirements.
            5.   The minimum distance between the ground and any protruding blades utilized on a WECS shall be twenty (20) feet as measured at the lowest point of the arc of the blades.
            6.   Wind turbines must meet the most recent AWEA Small Wind Turbine Performance and Safety Standards and the International Electrotechnical Commission IED 61400 standards. Turbines must be certified by the Small Wind Certification Council or other certification program recognized by the American Wind Energy Association.
         d.   Security. All WECS ground equipment (e.g. batteries, boxes, etc.) shall be enclosed within a lockable six (6) foot high fence enclosure constructed of either wood or non-white vinyl material, or in a masonry utility building. All climbing apparatuses affixed to a WECS must terminate twelve (12) feet above the ground.
         e.   Electromagnetic Interference. No WECS shall cause electromagnetic degradation or radio frequency interference in performance of other electromagnetic radiators or receptors of quality and proper design.
            1.   The determination of degradation of performance, quality and proper design shall be made in accordance with best engineering practices as defined in the latest principles and standards of the American Institute of Electrical Engineers (AIEE), the Institute of Radio Engineers (IRE) and Electrical Industries Association (EIA). In case of conflict between these standards, precedence is given to the AIEE.
            2.   WECS shall use non-metallic rotor blades unless documentation is supplied from an appropriate testing laboratory certifying that a proposed metallic blade rotor will not cause electromagnetic interference.
            3.   Any ordinance that grants a WECS operation, whether special use or otherwise, may be repealed or revoked whenever electromagnetic interference from a WECS is evident.
         f.   Interconnectivity and Transmission. SWECS and UWECS may connect to the electric transmission grid using the public right-of-way following the necessary permission from ComEd and compliance with the Village Code. Transmission conduits/lines providing connections to the grid or to buildings/batteries must be installed underground. RESWECS and MINIWECS shall provide power to the property on which it is located and shall not be used for the sale of energy to other users offsite. Excess power generated by these may be sold to the grid. ComEd shall determine grid interconnection and net metering policies. Transmission lines and appurtenances may locate on public right-of-way or on any other real property provided the necessary licenses, easements, leases, rights-of-way or other similar land rights for access and maintenance are obtained.
         g.   Sounds and Vibrations. A WECS shall be installed and operated such that sound pressure levels do not exceed the definitions of nuisance “noise” and “vibrations” as established by the Village Code. During short term events such as storms and utility outages, when WECS equipment can potentially create nuisance “noise” and “vibrations”, a WECS may exceed the Village Code nuisance requirements if it cannot be manually shut down by the owner. In the event a full battery bank is causing a WECS to exceed Code noise and vibration requirements, the WECS must be shut off until the battery bank is depleted.
         h.   Decommissioning. The Village, through proper legal procedures, may require the owner of a WECS or owner of the land where the WECS is located to remove the WECS upon occurrence of any of the following events:
            1.   The WECS was not constructed in accordance with the Village requirements;
            2.   The WECS has deteriorated from lack of maintenance;
            3.   The WECS has been inactive for a period of at least six months and shall be considered abandoned;
            4.   The WECS creates irresolvable electromagnetic interference;
The Village shall be authorized to remove a WECS when the above events occur and when the WECS owner and/or the land owner do not comply with these regulations. The WECS and all associated and ancillary equipment, batteries, devices, structures or supports for that system will be removed at the owner’s and/or land owner’s expense and the costs of removal shall be a lien against the property.
         i.   Letter of Credit or Other Security Method. SWECS and UWECS will require a letter of credit or other security method to assure for the proper construction of public improvements associated with the WECS. The letter of credit or other security method is determined according to Section 5-112 of these regulations.
         j.   Signage, Lights, Colors and Other Advertisements. No letters, insignia, logos, flags, banners, balloons, ribbons, tinsel, streamers, pennants, reflectors, spinners or signs shall be affixed to a WECS. WECS shall not be lit and commercial lighting fixtures shall not be attached. WECS shall be painted white, gray or another non-reflective, unobtrusive color. The only advertising sign permitted on the WECS shall be a manufacturer’s label, not exceeding one (1) square foot in size.
         k.   Historic Preservation. WECS permitted in OOH or on Orland Park Landmarks require a Certificate of Appropriateness per Sections 5-110 and 6-209 in addition to any other required approvals, prior to submission of a building permit.
         l.   Test WECS. A Test WECS is permitted following a site plan and elevation review at Plan Commission and with formal approval by the corporate authorities of the Village. Test WECS must be dismantled within three (3) years of installation and are subject to the requirements of Section 6-314.E.3 for SWECS or 6-314.E.4 for UWECS. For the purposes of this Section, Test WECS are trial SWECS and UWECS that are designed solely to collect wind generation data and are subject to these regulations. RESWECS and MINIWECS are not permitted to have Test WECS status. (Amd. Ord. 5476 - 1/20/20)
         m.   Aviation Rules and Regulations. The proposed WECS must be in compliance with all Federal Aviation Administration regulations and shall comply with the notification requirements of the FAA.
   F.   Biomass: Waste to Energy Strategies.
      1.   Onsite Commercial Composting. An onsite commercial composting facility is the portion of a site or facility that is used for composting of food scrap or food waste and is permitted in non-residential areas of the BIZ, COR, MFG, ORI and VCD zoning districts provided that they do not locate within three hundred (300) feet of a residential property, hospitals, primary and secondary school properties, and daycare centers.
         a.   Setbacks. Onsite commercial composting facilities must locate within the established building setbacks within the local zoning district.
         b.   Enclosures and Screening. Onsite commercial composting facilities shall be co-located within existing onsite waste collection enclosures and shall be screened by a fence constructed of either solid masonry, wooden or non-white vinyl fence materials and screened by native landscaping following the requirements of Section 6-302.D of the Land Development Code. A composting container shall not exceed the size of the largest waste collection dumpster or container within the waste collection enclosure or an eight (8) yard container, whichever is less.
         c.   Composting Rules.
            1.   All food scrap or food waste must, by the end of each operating day, be processed and placed into an enclosed vessel in which air flow and temperature are controlled pursuant to Illinois Public Act 096-0418 (415 ILCS 5/3.330).
            2.   All food scrap or food waste must be covered in a manner that prevents scavenging by birds and animals and that prevents a visual, odor or other nuisance(s) at all times.
            3.   Onsite commercial composting facilities shall not be located in storm water detention or stream setbacks.
            4.   Onsite commercial composting facilities must be flood-proofed.
            5.   A regular schedule of onsite composting collection must be maintained. Compost cannot remain on site more than one week.
         d.   Sale of Biomass and Biofuel. Commercial composting may be sold to biomass and or biofuel energy plants, biomass facilities, agricultural industries, distributors, etc. as a commodity.
(Entire Section Amended Ord. 5389 – 3/4/19)